Commentary Magazine


Topic: Khalid Sheikh Mohammed

New Evidence in Daniel Pearl Murder May Be Useless in a Trial

A new report released by the Pearl Project, based on the group’s three-and-a-half-year investigation into the 2002 murder of Wall Street Journal reporter Daniel Pearl, alleges that Pakistani authorities used perjured testimony and made other legal errors during the murder trial.

It also claims to have found new forensic evidence that 9/11 mastermind Khalid Sheikh Mohammed committed the actual beheading of Pearl:

Mr. Pearl was kidnapped in Karachi, Pakistan, in January 2002, and a videotape of his murder was delivered to U.S. officials in Pakistan in February 2002.

FBI agents and CIA officials used a technique called “vein-matching” to compare the killer’s hands, as seen in the video, with a photograph of Mr. Mohammed’s hands.

But a legal expert with personal knowledge of the case tells me that there are several reasons why this discovery probably won’t add any legal weight to the U.S.’s prosecution of KSM.

One reason is that the vein-matching technology the group cited may not be admissible in court. “While it may have some merit in an academic study, it’s not a technology that has been subject to court scrutiny under the rules of evidence dealing with expert testimony. So I would doubt seriously whether it would be admissible in a U.S. court,” Charles “Cully” Stimson, a Senior Legal Fellow at the Heritage Foundation, told me.

Another reason is because there’s already a staggering amount of evidence that KSM committed the murder — so the Pearl Project’s linkage is a bit superfluous.

“It’s not a whodunit. And it hasn’t been a whodunit for some time,” said Stimson, who formerly served as an adviser to the Secretary of Defense on detainee issues.

In addition to the evidence that’s already been publicized — such as KSM’s confession — Stimson says that “there’s other evidence that will come to life that has been in the government for some time now that will further link him to that gruesome murder.”

“For those of us who have been involved in detaining operations with these high-value detainees, we’ve known for a long time that KSM was the throat-cutter.”

But that, of course, does not diminish the great work the Pearl Project has done in publicizing this case. After all, it’s certainly preferable to have too much evidence against vile killers like KSM rather than too little.

The Pearl Project’s full report can be found here.

A new report released by the Pearl Project, based on the group’s three-and-a-half-year investigation into the 2002 murder of Wall Street Journal reporter Daniel Pearl, alleges that Pakistani authorities used perjured testimony and made other legal errors during the murder trial.

It also claims to have found new forensic evidence that 9/11 mastermind Khalid Sheikh Mohammed committed the actual beheading of Pearl:

Mr. Pearl was kidnapped in Karachi, Pakistan, in January 2002, and a videotape of his murder was delivered to U.S. officials in Pakistan in February 2002.

FBI agents and CIA officials used a technique called “vein-matching” to compare the killer’s hands, as seen in the video, with a photograph of Mr. Mohammed’s hands.

But a legal expert with personal knowledge of the case tells me that there are several reasons why this discovery probably won’t add any legal weight to the U.S.’s prosecution of KSM.

One reason is that the vein-matching technology the group cited may not be admissible in court. “While it may have some merit in an academic study, it’s not a technology that has been subject to court scrutiny under the rules of evidence dealing with expert testimony. So I would doubt seriously whether it would be admissible in a U.S. court,” Charles “Cully” Stimson, a Senior Legal Fellow at the Heritage Foundation, told me.

Another reason is because there’s already a staggering amount of evidence that KSM committed the murder — so the Pearl Project’s linkage is a bit superfluous.

“It’s not a whodunit. And it hasn’t been a whodunit for some time,” said Stimson, who formerly served as an adviser to the Secretary of Defense on detainee issues.

In addition to the evidence that’s already been publicized — such as KSM’s confession — Stimson says that “there’s other evidence that will come to life that has been in the government for some time now that will further link him to that gruesome murder.”

“For those of us who have been involved in detaining operations with these high-value detainees, we’ve known for a long time that KSM was the throat-cutter.”

But that, of course, does not diminish the great work the Pearl Project has done in publicizing this case. After all, it’s certainly preferable to have too much evidence against vile killers like KSM rather than too little.

The Pearl Project’s full report can be found here.

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Obama Takes Moral Step Backward in Treatment of Suspected Terrorists

“No part of President Obama’s agenda has been as thoroughly repudiated as the one regarding terrorist detainees,” the Wall Street Journal has editorialized. That verdict seems reasonable given Mr. Obama’s unfulfilled pledge to close Guantanamo Bay, the administration’s reversal of the decision to try Khalid Sheikh Mohammed in Manhattan, and the near acquittal of Ahmed Ghailani in a civilian trial earlier this year.

But the editorial also reports this: White House aides say they are working up an executive order to allow the U.S. to hold enemy combatants indefinitely. “One reason Mr. Obama has been forced to allow indefinite detention is because he seems unwilling to allow more military commission trials at Guantanamo,” according to the Journal.

That is an extraordinary turn of events. Mr. Obama ran for president by lacerating his predecessor for acting in ways that were, he said, lawless and unconstitutional, in violation of basic human rights, and an affront to international law, and in ways that discredited and disgraced America’s name around the globe. And now we learn that Mr. Upholder of International Law himself, Barack Obama, is going to continue his policy of holding enemy combatants indefinitely.

At least the Bush policy of military tribunals, which was based on wartime precedent and previous Supreme Court rulings, allowed suspects a lawyer and a trial by jury. When in 2006 the Supreme Court struck down military tribunals (in Hamdan v. Rumsfeld), the Bush administration and Congress effectively rewrote the law, passing the Military Commissions Act of 2006. The administration was trying to find the right balance between indefinite detention on the one hand and not providing suspected terrorists with the full array of constitutional rights an American citizen possesses on the other. (The Supreme Court’s 2008 terribly misguided ruling in Boumediene v. Bush, which for the first time in our history conferred a constitutional right to habeas corpus to alien enemies detained abroad by our military force in an ongoing war, made striking this balance far more complicated.)

President Obama, because he appears unwilling to allow military commission trials at Guantanamo, seems to have settled on indefinite detention. This is a significant moral step backward.

Under the Obama regime, suspected terrorists have no rights and no recourse. It also means that terrorists who deserve to be convicted and punished for their malevolent acts will avoid that judgment. In the withering words of the Journal editorial, “Nazis Hermann Goering and Adolf Eichmann were sentenced to hang for their crimes, but KSM and Ramzi bin al Shibh get three squares a day and the hope that someday they might be released.”

Even allowing for the fact that governing is a good deal more difficult than issuing campaign promises, the Obama administration’s incompetence is striking, its course of action indefensible. The president has once again made a hash of things.

“No part of President Obama’s agenda has been as thoroughly repudiated as the one regarding terrorist detainees,” the Wall Street Journal has editorialized. That verdict seems reasonable given Mr. Obama’s unfulfilled pledge to close Guantanamo Bay, the administration’s reversal of the decision to try Khalid Sheikh Mohammed in Manhattan, and the near acquittal of Ahmed Ghailani in a civilian trial earlier this year.

But the editorial also reports this: White House aides say they are working up an executive order to allow the U.S. to hold enemy combatants indefinitely. “One reason Mr. Obama has been forced to allow indefinite detention is because he seems unwilling to allow more military commission trials at Guantanamo,” according to the Journal.

That is an extraordinary turn of events. Mr. Obama ran for president by lacerating his predecessor for acting in ways that were, he said, lawless and unconstitutional, in violation of basic human rights, and an affront to international law, and in ways that discredited and disgraced America’s name around the globe. And now we learn that Mr. Upholder of International Law himself, Barack Obama, is going to continue his policy of holding enemy combatants indefinitely.

At least the Bush policy of military tribunals, which was based on wartime precedent and previous Supreme Court rulings, allowed suspects a lawyer and a trial by jury. When in 2006 the Supreme Court struck down military tribunals (in Hamdan v. Rumsfeld), the Bush administration and Congress effectively rewrote the law, passing the Military Commissions Act of 2006. The administration was trying to find the right balance between indefinite detention on the one hand and not providing suspected terrorists with the full array of constitutional rights an American citizen possesses on the other. (The Supreme Court’s 2008 terribly misguided ruling in Boumediene v. Bush, which for the first time in our history conferred a constitutional right to habeas corpus to alien enemies detained abroad by our military force in an ongoing war, made striking this balance far more complicated.)

President Obama, because he appears unwilling to allow military commission trials at Guantanamo, seems to have settled on indefinite detention. This is a significant moral step backward.

Under the Obama regime, suspected terrorists have no rights and no recourse. It also means that terrorists who deserve to be convicted and punished for their malevolent acts will avoid that judgment. In the withering words of the Journal editorial, “Nazis Hermann Goering and Adolf Eichmann were sentenced to hang for their crimes, but KSM and Ramzi bin al Shibh get three squares a day and the hope that someday they might be released.”

Even allowing for the fact that governing is a good deal more difficult than issuing campaign promises, the Obama administration’s incompetence is striking, its course of action indefensible. The president has once again made a hash of things.

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Flotsam and Jetsam

I’m with Ben Chandler on this one. “Kentucky Rep. Ben Chandler is blaming President Barack Obama and House Speaker Nancy Pelosi for the Democrats’ poor showing nationally in the Nov. 2 elections. … ‘If not there, where else does the responsibility lie? … You’re talking about the loss of 60 or something seats held by capable public servants. There had to be something going on at a level above them. If that isn’t the lesson, I don’t know what is.’”

I’m with Jeffrey Rosen on this one. “In a 2006 opinion for the U.S. Court of Appeals for the 3rd Circuit, then-Judge Samuel Alito stressed that screening procedures must be both ‘minimally intrusive’ and “effective” — in other words, they must be ‘well-tailored to protect personal privacy,’ and they must deliver on their promise of discovering serious threats. … As currently used in U.S. airports, the new full-body scanners fail all of Alito’s tests.” Read the whole thing — it’s quite persuasive.

I’m with Norm Coleman on this one. “Former Minnesota Sen. Norm Coleman had some unsolicited advice for fellow Republican Joe Miller: It’s time to quit. ‘I think that race is over. I think the counting’s been done. I’m not sure there’s anything that would change that,’ Coleman told C-SPAN in an interview set to air on Sunday. Coleman himself fought until the bitter end of his 2008 Senate race against Democrat Al Franken, which dragged on for seven months because of a recount and legal challenges.”

I’m with John McCain on this one: “Sen. John McCain (R-Ariz.) argued in an interview Sunday that the U.S. has not exacted enough pressure on North Korea and that the current tensions in the region may present an opportunity for regime change. ‘I think it’s time we talked about regime change in North Korea,’ he said, quickly adding that he did not mean ‘military action.’”

I’m with King Abdullah of Saudi Arabia on this one. In regards to Iran, apparently he’d been warning the administration to “‘cut off the head of the snake’ while there was still time.” But the Obami are too busy obsessing over non-direct, non-peace talks that are going nowhere.

I’m with Josh Block on this one. “One of the most interesting overall themes is the restraint seen to typify the Israelis on Iran, in contrast to the typical Brzezinski, Scowcroft, Walt/Mearsheimer, Glenn Greenwald-Neo-progressive, netroots claims Israel is trying to prod us to fight and bomb Iran for them. In the end, one of the most obvious take-aways from these WikiLeaks documents is devastating to the whole Left/Realist narrative about Israeli manipulation. The Israelis come off as cool customers, while the Arabs are the ones freaking out, justifiably many would argue, and literally demanding the U.S. bomb the Iranian nuclear program.”

I’m with Lindsey Graham on this one. “I think it is a big mistake to criminalize the war, to take someone you’ve held under the law of war as an enemy combatant for six or seven years, then put them in civilian court. It is a disaster waiting to happen. I believe I got the votes to block it. I don’t think Khalid Sheikh Mohammed will ever get congressional approval to see a civilian court. He should be tried at Guantanamo Bay. He should be tried now. He was ready to plead guilty before the Obama administration stopped the trial. We should have him in a military commission trial beginning Monday and get this case behind us.”

I’m with Ben Chandler on this one. “Kentucky Rep. Ben Chandler is blaming President Barack Obama and House Speaker Nancy Pelosi for the Democrats’ poor showing nationally in the Nov. 2 elections. … ‘If not there, where else does the responsibility lie? … You’re talking about the loss of 60 or something seats held by capable public servants. There had to be something going on at a level above them. If that isn’t the lesson, I don’t know what is.’”

I’m with Jeffrey Rosen on this one. “In a 2006 opinion for the U.S. Court of Appeals for the 3rd Circuit, then-Judge Samuel Alito stressed that screening procedures must be both ‘minimally intrusive’ and “effective” — in other words, they must be ‘well-tailored to protect personal privacy,’ and they must deliver on their promise of discovering serious threats. … As currently used in U.S. airports, the new full-body scanners fail all of Alito’s tests.” Read the whole thing — it’s quite persuasive.

I’m with Norm Coleman on this one. “Former Minnesota Sen. Norm Coleman had some unsolicited advice for fellow Republican Joe Miller: It’s time to quit. ‘I think that race is over. I think the counting’s been done. I’m not sure there’s anything that would change that,’ Coleman told C-SPAN in an interview set to air on Sunday. Coleman himself fought until the bitter end of his 2008 Senate race against Democrat Al Franken, which dragged on for seven months because of a recount and legal challenges.”

I’m with John McCain on this one: “Sen. John McCain (R-Ariz.) argued in an interview Sunday that the U.S. has not exacted enough pressure on North Korea and that the current tensions in the region may present an opportunity for regime change. ‘I think it’s time we talked about regime change in North Korea,’ he said, quickly adding that he did not mean ‘military action.’”

I’m with King Abdullah of Saudi Arabia on this one. In regards to Iran, apparently he’d been warning the administration to “‘cut off the head of the snake’ while there was still time.” But the Obami are too busy obsessing over non-direct, non-peace talks that are going nowhere.

I’m with Josh Block on this one. “One of the most interesting overall themes is the restraint seen to typify the Israelis on Iran, in contrast to the typical Brzezinski, Scowcroft, Walt/Mearsheimer, Glenn Greenwald-Neo-progressive, netroots claims Israel is trying to prod us to fight and bomb Iran for them. In the end, one of the most obvious take-aways from these WikiLeaks documents is devastating to the whole Left/Realist narrative about Israeli manipulation. The Israelis come off as cool customers, while the Arabs are the ones freaking out, justifiably many would argue, and literally demanding the U.S. bomb the Iranian nuclear program.”

I’m with Lindsey Graham on this one. “I think it is a big mistake to criminalize the war, to take someone you’ve held under the law of war as an enemy combatant for six or seven years, then put them in civilian court. It is a disaster waiting to happen. I believe I got the votes to block it. I don’t think Khalid Sheikh Mohammed will ever get congressional approval to see a civilian court. He should be tried at Guantanamo Bay. He should be tried now. He was ready to plead guilty before the Obama administration stopped the trial. We should have him in a military commission trial beginning Monday and get this case behind us.”

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Flotsam and Jetsam

Get ready for the next big idea in the non-peace, non-direct talks. “Why must Gazans carry their sons on their shoulders to their convocations of sanguinity, when they could be walking side-by-side with them, sharing space adequate for the lobbing of rocks and grenades and the aiming of RPGs? I say declare them a state, and don’t bother stopping at the tiny sliver of land that comprises Israel.” Read the whole thing to find out just what kind of state it should be.

Get ready for a slug-fest. Actually, Josh Block may already have scored a knockout. “The average, minuscule amount of support Jstreet claims to pass to their endorsees will again and again be offset by the grief and cost even the most pro-Israel candidates expose themselves to by associating with a group proven to be as duplicitous, deceitful and outright dishonest they have been exposed to be.”

Get ready for her to spend more time with her family. “Utah Rep. Jim Matheson, a co-chairman of the Blue Dogs, told POLITICO on Thursday that Pelosi should not be a candidate for minority leader—a sign that other Blue Dogs are ready to pounce if Pelosi doesn’t voluntarily cede her power.”

Get ready for William Galston to be ignored by the Dems. Again. He tries to tell them: “It’s the ideology, stupid. … Unless the long-term decline of moderates and rise of conservatives is reversed during the next two years, the ideological balance of the electorate in 2012 could look a lot like it did this year.” Do you think if Obama leaves the scene, the trend will abate? Just asking.

Get ready for the Beagle Blogger to freak out, again. “Gay men, lesbians and bisexuals who self-identified to exit pollsters made up 3 percent of those casting ballots in House races on Tuesday, and 31 percent of them voted Republican. By itself, that number is amazing, especially when you consider that way too many people think being gay and voting Democratic are one in the same. But that percentage is ominous news for a White House viewed with suspicion by many gay men and lesbians, because that’s four percentage points higher than the change election of 2008.” First the Jews, now the gays. Only Obama could alienate them from the Democratic Party.

Get ready for more of this transparent slamming of the current Israeli government. “Fifteen years after the Israeli prime minister’s assassination, Israel needs his guiding spirit more than ever.” Why don’t these sorts ever lament the absence of a Palestinian Sadat? And do we imagine Yitzhak Rabin would have carved up his country without recognition of the Jewish state? The only prime ministers the Middle East establishment fancies are the dead ones.

Get ready for some major George W. Bush nostalgia on the right. “When then-President George W. Bush was asked to approve a tough interrogation technique known as waterboarding on September 11 mastermind Khalid Sheikh Mohammed, he wasted little time in deciding. ‘Damn right,’ he said. … In his memoir, ‘Decision Points,’ Bush strongly defends the use of waterboarding as critical to his efforts to prevent a repeat of the September 11, 2001, attacks on the United States. He says waterboarding was limited to three detainees and led to intelligence breakthroughs that thwarted attacks.”

Get ready for the next big idea in the non-peace, non-direct talks. “Why must Gazans carry their sons on their shoulders to their convocations of sanguinity, when they could be walking side-by-side with them, sharing space adequate for the lobbing of rocks and grenades and the aiming of RPGs? I say declare them a state, and don’t bother stopping at the tiny sliver of land that comprises Israel.” Read the whole thing to find out just what kind of state it should be.

Get ready for a slug-fest. Actually, Josh Block may already have scored a knockout. “The average, minuscule amount of support Jstreet claims to pass to their endorsees will again and again be offset by the grief and cost even the most pro-Israel candidates expose themselves to by associating with a group proven to be as duplicitous, deceitful and outright dishonest they have been exposed to be.”

Get ready for her to spend more time with her family. “Utah Rep. Jim Matheson, a co-chairman of the Blue Dogs, told POLITICO on Thursday that Pelosi should not be a candidate for minority leader—a sign that other Blue Dogs are ready to pounce if Pelosi doesn’t voluntarily cede her power.”

Get ready for William Galston to be ignored by the Dems. Again. He tries to tell them: “It’s the ideology, stupid. … Unless the long-term decline of moderates and rise of conservatives is reversed during the next two years, the ideological balance of the electorate in 2012 could look a lot like it did this year.” Do you think if Obama leaves the scene, the trend will abate? Just asking.

Get ready for the Beagle Blogger to freak out, again. “Gay men, lesbians and bisexuals who self-identified to exit pollsters made up 3 percent of those casting ballots in House races on Tuesday, and 31 percent of them voted Republican. By itself, that number is amazing, especially when you consider that way too many people think being gay and voting Democratic are one in the same. But that percentage is ominous news for a White House viewed with suspicion by many gay men and lesbians, because that’s four percentage points higher than the change election of 2008.” First the Jews, now the gays. Only Obama could alienate them from the Democratic Party.

Get ready for more of this transparent slamming of the current Israeli government. “Fifteen years after the Israeli prime minister’s assassination, Israel needs his guiding spirit more than ever.” Why don’t these sorts ever lament the absence of a Palestinian Sadat? And do we imagine Yitzhak Rabin would have carved up his country without recognition of the Jewish state? The only prime ministers the Middle East establishment fancies are the dead ones.

Get ready for some major George W. Bush nostalgia on the right. “When then-President George W. Bush was asked to approve a tough interrogation technique known as waterboarding on September 11 mastermind Khalid Sheikh Mohammed, he wasted little time in deciding. ‘Damn right,’ he said. … In his memoir, ‘Decision Points,’ Bush strongly defends the use of waterboarding as critical to his efforts to prevent a repeat of the September 11, 2001, attacks on the United States. He says waterboarding was limited to three detainees and led to intelligence breakthroughs that thwarted attacks.”

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Not If — but When — Does Holder Go?

COMMENTARY contributor Gabriel Schoenfeld writes:

Eric Holder has been a disastrous attorney general. “Classic 101 Boobery” was how one Democratic operative memorably called his decision, now on hold, to try Khalid Sheikh Mohammed in a civilian court in lower Manhattan. Other blunders have piled up and the White House has been repeatedly embarrassed by his string of ill-considered decisions and gaffes. With the midterm elections approaching, it would not be surprising if Holder soon finds himself under the Obama bus, lying next to former Director of National Intelligence Dennis Blair.

No doubt Holder has become a liability. It’s not clear, however, that shoving him aside before the election would win Obama any brownie points with voters. But one thing is for sure: if the Republicans take either the House or the Senate, Holder will get bounced before new chairmen take over key committees and start firing subpoenas his way. The stonewall act will end, or the Obama administration will wind up in nasty court fights. And we will learn how Holder’s operation, supposedly dedicated to de-politicizing the Justice Department, has been corrupted by left-wing ideologues. For a White House increasingly perceived as a bastion of liberal political hackery, Holder has become one more problem that they’d rather have behind them. Better to have Holder skewered as the former attorney general and to let a brand-new attorney general promise to take a “hard look” at Justice than to watch the agonizing sight of Holder twisting and turning, struggling to explain himself and his crew of leftist lawyers.

COMMENTARY contributor Gabriel Schoenfeld writes:

Eric Holder has been a disastrous attorney general. “Classic 101 Boobery” was how one Democratic operative memorably called his decision, now on hold, to try Khalid Sheikh Mohammed in a civilian court in lower Manhattan. Other blunders have piled up and the White House has been repeatedly embarrassed by his string of ill-considered decisions and gaffes. With the midterm elections approaching, it would not be surprising if Holder soon finds himself under the Obama bus, lying next to former Director of National Intelligence Dennis Blair.

No doubt Holder has become a liability. It’s not clear, however, that shoving him aside before the election would win Obama any brownie points with voters. But one thing is for sure: if the Republicans take either the House or the Senate, Holder will get bounced before new chairmen take over key committees and start firing subpoenas his way. The stonewall act will end, or the Obama administration will wind up in nasty court fights. And we will learn how Holder’s operation, supposedly dedicated to de-politicizing the Justice Department, has been corrupted by left-wing ideologues. For a White House increasingly perceived as a bastion of liberal political hackery, Holder has become one more problem that they’d rather have behind them. Better to have Holder skewered as the former attorney general and to let a brand-new attorney general promise to take a “hard look” at Justice than to watch the agonizing sight of Holder twisting and turning, struggling to explain himself and his crew of leftist lawyers.

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Capturing the Imagination of the World

Barack Obama’s description of the barbaric butchering of Daniel Pearl — “one of those moments that captured the world’s imagination because it reminded us of how valuable a free press is” — represents, as Mark Steyn writes, a remarkably fatuous statement.

Pearl was beheaded by the architect of 9/11, on video, immediately after he pronounced himself an American Jew. No one watching it was reminded of how valuable a free press is; nor did it capture anyone’s imagination, other than that of the jihadists who downloaded it to congratulate themselves, re-energize their efforts, and recruit others. It came five months after jihadists flew two aircraft into the World Trade Center, murdering 3,000 people, and two months before a jihadist murdered another 30 people (the demographic equivalent of 1,350 people in a country the size of Israel) during a Passover seder at the Park Hotel in Netanya. These were not moments reminding us of the importance of tall buildings and nice hotels.

Ironically, Barack Obama will not be prosecuting Khalid Sheikh Mohammed for beheading Daniel Pearl (perhaps because reminding us of the value of a free press is not technically a crime), but rather for the act of war committed on September 11, 2001. Obama wants to try him not as an enemy combatant but as a common criminal, in a civilian trial, giving him a public platform to create another video to be watched by jihadists around the world. It will undoubtedly be one of those moments that capture the imagination of the world.

Barack Obama’s description of the barbaric butchering of Daniel Pearl — “one of those moments that captured the world’s imagination because it reminded us of how valuable a free press is” — represents, as Mark Steyn writes, a remarkably fatuous statement.

Pearl was beheaded by the architect of 9/11, on video, immediately after he pronounced himself an American Jew. No one watching it was reminded of how valuable a free press is; nor did it capture anyone’s imagination, other than that of the jihadists who downloaded it to congratulate themselves, re-energize their efforts, and recruit others. It came five months after jihadists flew two aircraft into the World Trade Center, murdering 3,000 people, and two months before a jihadist murdered another 30 people (the demographic equivalent of 1,350 people in a country the size of Israel) during a Passover seder at the Park Hotel in Netanya. These were not moments reminding us of the importance of tall buildings and nice hotels.

Ironically, Barack Obama will not be prosecuting Khalid Sheikh Mohammed for beheading Daniel Pearl (perhaps because reminding us of the value of a free press is not technically a crime), but rather for the act of war committed on September 11, 2001. Obama wants to try him not as an enemy combatant but as a common criminal, in a civilian trial, giving him a public platform to create another video to be watched by jihadists around the world. It will undoubtedly be one of those moments that capture the imagination of the world.

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Holder on Meet the Press

Eric Holder appeared on Meet the Press. It seems that all that business about the Times Square bomber being a “one-off” incident was, well, wrong:

MR. HOLDER: Well, this is an ongoing investigation, there’s only so much that I can talk about, but I am comfortable in saying that they were involved in what Shahzad tried to do. And I think that’s an indication of the new threat that we face, these terrorist organizations, these affiliates of al-Qaeda or–these organizations are somehow connected to the kinds of things that al-Qaeda wants to do, indicates the worldwide concerns that we have to have if we’re going to be effective.

MR. GREGORY: Well, before I ask you about that changing face of terror, is it a danger when you have officials like Secretary of Homeland Security Janet Napolitano saying, at this very table last week, that this appeared to be a one-off attack, or the general of Central Command, David Petraeus saying that Shahzad appeared to be a lone wolf, and now you’re saying no, this was part of a, a Pakistani Taliban plot?

MR. HOLDER: Well, you know, the evidence develops, and I think we have to always try to be careful to make sure that the statements that we make is consistence with the evidence that we have developed. And it certainly looked, I think, at the beginning of this investigation, like it could have been a one-off. Over the course of this week, we’ve developed information, we’ve developed evidence that shows that the involved–shows the involvement of the Pakistani Taliban.

One wonders then why the administration is so quick to rush forth with pronouncements — and to make decisions about the legal status of the terrorist before it has sufficient information to make accurate comments and informed decisions.

Holder also revealed that Shahzad was, in fact, Mirandized, this time after eight hours of questioning. But we certainly didn’t know at the time that he was part of a Taliban plot. Yet we made what is likely an irreversible decision to Mirandize him and charge him in federal court. Nevertheless, after four domestic terror incidents, Holder declares a “new priority” for the administration — to explore greater flexibility in use of the Miranda rule. Good to know all the sneering at conservative critics who have been pounding this issue for months is now inoperative.

And what about KSM? Well, let it not be said that this crowd is giving up easily on a civilian trial. And here Holder is tied up in knots:

MR. GREGORY: So, if he’s acquitted, he would not be released. How is that consistent, Mr. Attorney General, with fairness and justice that you believe in of our system?

MR. HOLDER: Well, he certainly would be provided fairness and justice with regard to the trial that would occur. And with regard to the outcome of that trial, we have–if–and if he were acquitted, what I was trying to say that there are other mechanisms that we have that we might employ, immigration laws that we could use, the possibility of detaining him under the wars of law. There are a variety of things that we can do in order to protect the American people, and that is the thing that I keep uppermost in my mind.

MR. GREGORY: But, but if he’s acquitted and the United States says we will not let him free, then what is the point of having a trial?

MR. HOLDER: Well, there are other charges that are–that could be brought against him in addition to those he would stand accused of with regard to the 9/11 plot. There are a variety of other things that he could be tried for. And I think we can provide him with fairness and with justice in the systems that we now have in place.

MR. GREGORY: But you said, with regard to any KSM trial, failure is not an option, and yet you know full well you send prosecutors into court every day in this country knowing that there is plenty of uncertainty. Paul McNulty, the former deputy attorney general, said earlier this year with regard to the Moussaoui prosecution, he said, “The criminal justice process is not designed to guarantee any particular outcome. If that option (civilian court) is followed, we have to accept that it is unpredictable.” A trial of Khalid Sheikh Mohammed in civilian court is unpredictable, isn’t it?

MR. HOLDER: Well, I’m confident that if we try him in a civilian court, given the evidence that we have amassed, given the experience of the prosecutors who would try the case, given the skills that they have, that we will stand a very, very good chance of, of convicting him.

MR. GREGORY:  But that’s not what you said.  You said failure is not an option.  You said he will not be released.  And the broader criticism is, of you, that you say you believe in our civilian justice system.  And you said when you became attorney general that “I’m going to stick to those principles even when it’s hard.” And yet, with all the political pressure to be tough on terrorists, you said “I believe in the system” at the same time you appear to be rewriting the rules of that system, which, ultimately, critics say, can undermine the system.  Even with Shahzad, before he was charged, you held a press conference announcing that he had confessed.  Shouldn’t that be a concern to those who work with you and others who believe, as you say you do, in our civilian justice system?

MR. HOLDER:  Well, I believe in the civilian justice system. I have certainly worked all my life in the civilian justice system. I have confidence in the civilian justice system’s ability to handle these new threats that our, our, our country faces with regard to Shahzad, with regard to Khalid Sheikh Mohammed. I think that we have conducted ourselves in a way that’s consistent with the best that is about our, our, our civilian justice system. I’m not–I don’t think that I have to take back anything that I have said in the past. One of the things that we did with regard to that press conference was to get out there early to assure the American people generally and people in New York specifically that the person we thought was responsible for that attempted bombing was, in fact, in custody.

MR. GREGORY: Will KSM be tried in New York?

MR. HOLDER: We are still in the process of trying to decide where that trial will occur.

MR. GREGORY:  What is the holdup?  Everybody seems to be saying this is a foregone conclusion, it’s never going to New York. Why won’t you say that it won’t be there?

MR. HOLDER: Well, we’re taking a look at all of our options and trying to decide where the case can best be tried. There are federal statutes that we have to deal with that dictate where the case would have to occur if we’re going to seek the death penalty, as I’ve indicated that we will. There are a variety of things that have to be taken into consideration, both–in addition to what I’ve talked about, we also have to take into account what the political leadership in these various jurisdictions wants, what the, what the people in these various. …

MR. GREGORY: New York doesn’t want it. New York doesn’t have the resources for it. You just deployed all these FBI agents to catch Shahzad. What if they had to protect a trial of KSM?  I mean, it’s fairly clear that it doesn’t belong in New York, according to elected officials and other law enforcement officials, and yet there is this basically inaction on this issue of where the trial is. Is this being overly politicized by this administration and by you?

MR. HOLDER: No, it’s not being overly politicized. What we’re trying to do is come up with the best decision that we can. We’re taking our time, we’re considering all of our options. We want to make sure that we put this trial in the place where it can best be held.

They continued in this vein for a while, convincing no one but the most deluded that there was a coherent reason to try KSM in New York.

Holder suggests that this is an administration in transition. It is becoming increasingly untenable to defend a criminal-justice model for fighting Islamic terrorism, and yet the Obama team is reluctant to let go of it. Unfortunately for the leftist ideologues, reality keeps intervening.

Eric Holder appeared on Meet the Press. It seems that all that business about the Times Square bomber being a “one-off” incident was, well, wrong:

MR. HOLDER: Well, this is an ongoing investigation, there’s only so much that I can talk about, but I am comfortable in saying that they were involved in what Shahzad tried to do. And I think that’s an indication of the new threat that we face, these terrorist organizations, these affiliates of al-Qaeda or–these organizations are somehow connected to the kinds of things that al-Qaeda wants to do, indicates the worldwide concerns that we have to have if we’re going to be effective.

MR. GREGORY: Well, before I ask you about that changing face of terror, is it a danger when you have officials like Secretary of Homeland Security Janet Napolitano saying, at this very table last week, that this appeared to be a one-off attack, or the general of Central Command, David Petraeus saying that Shahzad appeared to be a lone wolf, and now you’re saying no, this was part of a, a Pakistani Taliban plot?

MR. HOLDER: Well, you know, the evidence develops, and I think we have to always try to be careful to make sure that the statements that we make is consistence with the evidence that we have developed. And it certainly looked, I think, at the beginning of this investigation, like it could have been a one-off. Over the course of this week, we’ve developed information, we’ve developed evidence that shows that the involved–shows the involvement of the Pakistani Taliban.

One wonders then why the administration is so quick to rush forth with pronouncements — and to make decisions about the legal status of the terrorist before it has sufficient information to make accurate comments and informed decisions.

Holder also revealed that Shahzad was, in fact, Mirandized, this time after eight hours of questioning. But we certainly didn’t know at the time that he was part of a Taliban plot. Yet we made what is likely an irreversible decision to Mirandize him and charge him in federal court. Nevertheless, after four domestic terror incidents, Holder declares a “new priority” for the administration — to explore greater flexibility in use of the Miranda rule. Good to know all the sneering at conservative critics who have been pounding this issue for months is now inoperative.

And what about KSM? Well, let it not be said that this crowd is giving up easily on a civilian trial. And here Holder is tied up in knots:

MR. GREGORY: So, if he’s acquitted, he would not be released. How is that consistent, Mr. Attorney General, with fairness and justice that you believe in of our system?

MR. HOLDER: Well, he certainly would be provided fairness and justice with regard to the trial that would occur. And with regard to the outcome of that trial, we have–if–and if he were acquitted, what I was trying to say that there are other mechanisms that we have that we might employ, immigration laws that we could use, the possibility of detaining him under the wars of law. There are a variety of things that we can do in order to protect the American people, and that is the thing that I keep uppermost in my mind.

MR. GREGORY: But, but if he’s acquitted and the United States says we will not let him free, then what is the point of having a trial?

MR. HOLDER: Well, there are other charges that are–that could be brought against him in addition to those he would stand accused of with regard to the 9/11 plot. There are a variety of other things that he could be tried for. And I think we can provide him with fairness and with justice in the systems that we now have in place.

MR. GREGORY: But you said, with regard to any KSM trial, failure is not an option, and yet you know full well you send prosecutors into court every day in this country knowing that there is plenty of uncertainty. Paul McNulty, the former deputy attorney general, said earlier this year with regard to the Moussaoui prosecution, he said, “The criminal justice process is not designed to guarantee any particular outcome. If that option (civilian court) is followed, we have to accept that it is unpredictable.” A trial of Khalid Sheikh Mohammed in civilian court is unpredictable, isn’t it?

MR. HOLDER: Well, I’m confident that if we try him in a civilian court, given the evidence that we have amassed, given the experience of the prosecutors who would try the case, given the skills that they have, that we will stand a very, very good chance of, of convicting him.

MR. GREGORY:  But that’s not what you said.  You said failure is not an option.  You said he will not be released.  And the broader criticism is, of you, that you say you believe in our civilian justice system.  And you said when you became attorney general that “I’m going to stick to those principles even when it’s hard.” And yet, with all the political pressure to be tough on terrorists, you said “I believe in the system” at the same time you appear to be rewriting the rules of that system, which, ultimately, critics say, can undermine the system.  Even with Shahzad, before he was charged, you held a press conference announcing that he had confessed.  Shouldn’t that be a concern to those who work with you and others who believe, as you say you do, in our civilian justice system?

MR. HOLDER:  Well, I believe in the civilian justice system. I have certainly worked all my life in the civilian justice system. I have confidence in the civilian justice system’s ability to handle these new threats that our, our, our country faces with regard to Shahzad, with regard to Khalid Sheikh Mohammed. I think that we have conducted ourselves in a way that’s consistent with the best that is about our, our, our civilian justice system. I’m not–I don’t think that I have to take back anything that I have said in the past. One of the things that we did with regard to that press conference was to get out there early to assure the American people generally and people in New York specifically that the person we thought was responsible for that attempted bombing was, in fact, in custody.

MR. GREGORY: Will KSM be tried in New York?

MR. HOLDER: We are still in the process of trying to decide where that trial will occur.

MR. GREGORY:  What is the holdup?  Everybody seems to be saying this is a foregone conclusion, it’s never going to New York. Why won’t you say that it won’t be there?

MR. HOLDER: Well, we’re taking a look at all of our options and trying to decide where the case can best be tried. There are federal statutes that we have to deal with that dictate where the case would have to occur if we’re going to seek the death penalty, as I’ve indicated that we will. There are a variety of things that have to be taken into consideration, both–in addition to what I’ve talked about, we also have to take into account what the political leadership in these various jurisdictions wants, what the, what the people in these various. …

MR. GREGORY: New York doesn’t want it. New York doesn’t have the resources for it. You just deployed all these FBI agents to catch Shahzad. What if they had to protect a trial of KSM?  I mean, it’s fairly clear that it doesn’t belong in New York, according to elected officials and other law enforcement officials, and yet there is this basically inaction on this issue of where the trial is. Is this being overly politicized by this administration and by you?

MR. HOLDER: No, it’s not being overly politicized. What we’re trying to do is come up with the best decision that we can. We’re taking our time, we’re considering all of our options. We want to make sure that we put this trial in the place where it can best be held.

They continued in this vein for a while, convincing no one but the most deluded that there was a coherent reason to try KSM in New York.

Holder suggests that this is an administration in transition. It is becoming increasingly untenable to defend a criminal-justice model for fighting Islamic terrorism, and yet the Obama team is reluctant to let go of it. Unfortunately for the leftist ideologues, reality keeps intervening.

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Flotsam and Jetsam

Will Arlen Specter get his comeuppance? Joe Sestak begins to pull away in the polls.

Will the Democrats lose in Colorado? “Republicans are now well positioned for a statewide resurgence, threatening several Democratic seats in the midterm elections and raising questions about whether the opening chapter of the Obama administration has eroded gains that Democrats had been making here for the previous six years.”

Will John Murtha’s district go Republican? “This once safely Democratic district where Murtha reigned for 35 years is now a toss-up. Longtime Murtha aide Mark Critz, 48, vows to carry on his former boss’s legacy, while Republican businessman Tim Burns, 42, tries to leverage anti-Washington passion by treating his opponent as an incumbent tied to the ‘liberal Pelosi-Obama agenda.’”

Will the Obama administration wise up? Even the Washington Post‘s editors fret that “the administration has not given more consideration to other approaches, including the possibility of designating suspects as enemy combatants to allow for lengthier interrogations, which could yield intelligence to thwart terrorist operations and future attacks. In part, this is a reflection of the administration’s mind-set. In explaining the handling of Mr. Shahzad, two administration officials told us that they believe that the law categorically bars them from holding a U.S. citizen as an enemy combatant. This is not correct.”

Sounds like there is hope. Will Eric Holder keep sounding like Andy McCarthy? Holder on This Week: “The [Miranda] system we have in place has proven to be effective,” Holder said. “I think we also want to look and determine whether we have the necessary flexibility — whether we have a system that deals with situations that agents now confront. … We’re now dealing with international terrorism. … I think we have to give serious consideration to at least modifying that public-safety exception [to the Miranda requirements]. And that’s one of the things that I think we’re going to be reaching out to Congress, to come up with a proposal that is both constitutional, but that is also relevant to our times and the threats that we now face.” Wow. The left will have a meltdown.

Will any White House adviser tell the president that this sort of thing makes them all sound crazy? “Deputy National Security Adviser John Brennan said Sunday that, despite the attempted Times Square attack orchestrated by the Pakistani Taliban in the heart of New York City, trying professed 9/11 mastermind Khalid Sheikh Mohammed in Manhattan is still an option that’s on the table.”

Will Republicans learn the right lesson from the British elections? Fred Barnes: “In the British election, this was one reason Labor was able to turn out its core vote and keep Conservatives from winning a majority. The lesson for Republican, facing an unpopular Democratic Party, is obvious: don’t expect circumstances to win for you. You need to run an aggressive campaign.”

On Richard Goldstone’s apartheid record, will anyone be surprised that Matthew Yglesias is “inclined to give him a pass”? Once you’ve vilified Israel, you earn a lifetime pass from the anti-Israel left. (By the way, credit to Ron Radosh for spotting Goldstone’s apartheid record a few months back.)

Will Arlen Specter get his comeuppance? Joe Sestak begins to pull away in the polls.

Will the Democrats lose in Colorado? “Republicans are now well positioned for a statewide resurgence, threatening several Democratic seats in the midterm elections and raising questions about whether the opening chapter of the Obama administration has eroded gains that Democrats had been making here for the previous six years.”

Will John Murtha’s district go Republican? “This once safely Democratic district where Murtha reigned for 35 years is now a toss-up. Longtime Murtha aide Mark Critz, 48, vows to carry on his former boss’s legacy, while Republican businessman Tim Burns, 42, tries to leverage anti-Washington passion by treating his opponent as an incumbent tied to the ‘liberal Pelosi-Obama agenda.’”

Will the Obama administration wise up? Even the Washington Post‘s editors fret that “the administration has not given more consideration to other approaches, including the possibility of designating suspects as enemy combatants to allow for lengthier interrogations, which could yield intelligence to thwart terrorist operations and future attacks. In part, this is a reflection of the administration’s mind-set. In explaining the handling of Mr. Shahzad, two administration officials told us that they believe that the law categorically bars them from holding a U.S. citizen as an enemy combatant. This is not correct.”

Sounds like there is hope. Will Eric Holder keep sounding like Andy McCarthy? Holder on This Week: “The [Miranda] system we have in place has proven to be effective,” Holder said. “I think we also want to look and determine whether we have the necessary flexibility — whether we have a system that deals with situations that agents now confront. … We’re now dealing with international terrorism. … I think we have to give serious consideration to at least modifying that public-safety exception [to the Miranda requirements]. And that’s one of the things that I think we’re going to be reaching out to Congress, to come up with a proposal that is both constitutional, but that is also relevant to our times and the threats that we now face.” Wow. The left will have a meltdown.

Will any White House adviser tell the president that this sort of thing makes them all sound crazy? “Deputy National Security Adviser John Brennan said Sunday that, despite the attempted Times Square attack orchestrated by the Pakistani Taliban in the heart of New York City, trying professed 9/11 mastermind Khalid Sheikh Mohammed in Manhattan is still an option that’s on the table.”

Will Republicans learn the right lesson from the British elections? Fred Barnes: “In the British election, this was one reason Labor was able to turn out its core vote and keep Conservatives from winning a majority. The lesson for Republican, facing an unpopular Democratic Party, is obvious: don’t expect circumstances to win for you. You need to run an aggressive campaign.”

On Richard Goldstone’s apartheid record, will anyone be surprised that Matthew Yglesias is “inclined to give him a pass”? Once you’ve vilified Israel, you earn a lifetime pass from the anti-Israel left. (By the way, credit to Ron Radosh for spotting Goldstone’s apartheid record a few months back.)

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Lobbying for the Impossible

David Cole, writing in the May 3, 2010, edition of the Nation, notices a curious silence about the Obama administration’s recent decision to green-light the targeted killing of Anwar al-Awlaki, an American citizen hiding in Yemen who has allegedly encouraged and even planned terrorist attacks against Americans. “In our peculiar post-9/11 world,” he writes, “it is apparently less controversial to kill a suspect in cold blood than to hold him in preventive detention.”

It almost (but not quite) looks like an inversion of our World War II–era policy. Some American soldiers at the time thought it less of a hassle, and no doubt more satisfying, to shoot captured Germans than to herd them off battlefields into prisons. That was not, however, what they were ordered to do. Captured enemy combatants were to be treated decently and held until the war ended. It was the right thing to do, even in a war against Nazi Germany. So that’s what they did, at least most of the time.

Yet here we are, more than 60 years later, with a liberal Democrat in the White House, and a broad swathe of the American public seems more comfortable having a man shot or vaporized by a Predator drone than given three square meals and a mattress for an undefined period.

I agree with Cole that it’s strange, but there’s another way to look at this that he might consider.

“The argument for preventive detention during armed conflicts,” he writes, “has always been that since the army is authorized to kill an enemy combatant, it must be permitted to take the lesser step of detaining him for the duration of the conflict. If so, shouldn’t we be at least as concerned about executive killing as we are about executive detention?”

That’s one way to frame it. Here is another: if killing enemy combatants in the field is okay, why shouldn’t we be able to take the lesser step of detaining them until the end of the conflict?

Cole is quite right that detaining an enemy combatant for the duration is a lesser step than zotting him from the heavens. That would be true no matter how long the conflict grinds on. Even life imprisonment beats the pants off the battlefield equivalent of capital punishment, at least for most people. Imprisonment with the real possibility of being set free beats both.

Maybe I’m reading him wrong, but he seems to be suggesting the U.S. should restrict, if not outright ban, both the targeted killing and indefinite detention of terrorists. There are reasonable suggestions out there for how we could do both slightly differently and a little more ethically, and citizens in democratic societies should always debate these kinds of questions, but a sharp curtailment or prohibition of both would be ludicrous, especially while tens of thousands of our soldiers are deployed in war zones and some unknown but appreciable number of terrorists still plan to wreak havoc.

Some of President George W. Bush’s loudest critics hounded him for years that he hadn’t yet killed Osama bin Laden while also lambasting his administration over the Guantanamo Bay prison facility, the water-boarding of 9/11 mastermind Khalid Sheikh Mohammed, and so on. Amnesty International even described Guantanamo Bay as the “gulag of our times,” a hysterical overreaction that trivialized the real Soviet gulag and the still existing slave-labor camps in North Korea.

The campaign against the detention and treatment of enemy combatants was so relentless for so many years that Barack Obama announced he would order the prison closed straightaway if the American people elected him president. Actually closing it has proved more difficult than he expected, and he’s getting grief from both the Left and the Right as he struggles to figure out how to proceed. His administration still doesn’t know what to do with Khalid Sheikh Mohammed, nor with some of the prisoners his supporters would like to see sprung but who still might be dangerous. It’s no wonder he decided, then, after all this and in part because of all this, that it’s less of a hassle to just have people shot.

Virtually no one but our Left-most intellectuals thinks we should neither kill nor detain terrorists. Barack Obama is the Left-most president we’re likely to have for a while; so if he finds their views unrealistic, they are lobbying for the impossible.

There have been more targeted killings so far during his presidency than there were during all the Bush years combined. Critics like Cole may find, if they think about it, that this is partly their fault, as they’ve spent so much time and energy discrediting the alternative.

David Cole, writing in the May 3, 2010, edition of the Nation, notices a curious silence about the Obama administration’s recent decision to green-light the targeted killing of Anwar al-Awlaki, an American citizen hiding in Yemen who has allegedly encouraged and even planned terrorist attacks against Americans. “In our peculiar post-9/11 world,” he writes, “it is apparently less controversial to kill a suspect in cold blood than to hold him in preventive detention.”

It almost (but not quite) looks like an inversion of our World War II–era policy. Some American soldiers at the time thought it less of a hassle, and no doubt more satisfying, to shoot captured Germans than to herd them off battlefields into prisons. That was not, however, what they were ordered to do. Captured enemy combatants were to be treated decently and held until the war ended. It was the right thing to do, even in a war against Nazi Germany. So that’s what they did, at least most of the time.

Yet here we are, more than 60 years later, with a liberal Democrat in the White House, and a broad swathe of the American public seems more comfortable having a man shot or vaporized by a Predator drone than given three square meals and a mattress for an undefined period.

I agree with Cole that it’s strange, but there’s another way to look at this that he might consider.

“The argument for preventive detention during armed conflicts,” he writes, “has always been that since the army is authorized to kill an enemy combatant, it must be permitted to take the lesser step of detaining him for the duration of the conflict. If so, shouldn’t we be at least as concerned about executive killing as we are about executive detention?”

That’s one way to frame it. Here is another: if killing enemy combatants in the field is okay, why shouldn’t we be able to take the lesser step of detaining them until the end of the conflict?

Cole is quite right that detaining an enemy combatant for the duration is a lesser step than zotting him from the heavens. That would be true no matter how long the conflict grinds on. Even life imprisonment beats the pants off the battlefield equivalent of capital punishment, at least for most people. Imprisonment with the real possibility of being set free beats both.

Maybe I’m reading him wrong, but he seems to be suggesting the U.S. should restrict, if not outright ban, both the targeted killing and indefinite detention of terrorists. There are reasonable suggestions out there for how we could do both slightly differently and a little more ethically, and citizens in democratic societies should always debate these kinds of questions, but a sharp curtailment or prohibition of both would be ludicrous, especially while tens of thousands of our soldiers are deployed in war zones and some unknown but appreciable number of terrorists still plan to wreak havoc.

Some of President George W. Bush’s loudest critics hounded him for years that he hadn’t yet killed Osama bin Laden while also lambasting his administration over the Guantanamo Bay prison facility, the water-boarding of 9/11 mastermind Khalid Sheikh Mohammed, and so on. Amnesty International even described Guantanamo Bay as the “gulag of our times,” a hysterical overreaction that trivialized the real Soviet gulag and the still existing slave-labor camps in North Korea.

The campaign against the detention and treatment of enemy combatants was so relentless for so many years that Barack Obama announced he would order the prison closed straightaway if the American people elected him president. Actually closing it has proved more difficult than he expected, and he’s getting grief from both the Left and the Right as he struggles to figure out how to proceed. His administration still doesn’t know what to do with Khalid Sheikh Mohammed, nor with some of the prisoners his supporters would like to see sprung but who still might be dangerous. It’s no wonder he decided, then, after all this and in part because of all this, that it’s less of a hassle to just have people shot.

Virtually no one but our Left-most intellectuals thinks we should neither kill nor detain terrorists. Barack Obama is the Left-most president we’re likely to have for a while; so if he finds their views unrealistic, they are lobbying for the impossible.

There have been more targeted killings so far during his presidency than there were during all the Bush years combined. Critics like Cole may find, if they think about it, that this is partly their fault, as they’ve spent so much time and energy discrediting the alternative.

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Flotsam and Jetsam

No Henry Waxman bullying session for the corporate execs who are legally required to write down tax losses from ObamaCare. Must not be such a winning issue after all.

No victory in sight for Arlen Specter. “Republican hopeful Pat Toomey for the first time registers 50% support in his race against incumbent Democrat Arlen Specter in Pennsylvania’s contest for the U.S. Senate. The latest Rasmussen Reports telephone survey of likely voters in the state shows Specter earning 40% of the vote.”

No respect for Eric Holder — even from Chuck Schumer. “Sen. Chuck Schumer (D-N.Y.) doesn’t believe Attorney General Eric Holder is being genuine when he says the Obama administration still is considering New York City as a site for the terror trial of Khalid Sheikh Mohammed. ‘We know the administration is not going to hold the trial in New York. They should just say it already,’ Schumer said in a statement.” When it was Alberto Gonzales, Schumer said an attorney general who lawmakers couldn’t trust should step down. But that was totally different — Gonzales was an incompetent Republican; Holder’s a Democrat.

No way that the Democrats follow Harry Reid on this one: “Senate Majority Leader Harry Reid’s (D-Nev.) reelection interests are putting him at odds with the centrists he has vigorously protected over the past year and a half on the issue of immigration reform. Vulnerable senators like Blanche Lincoln (D-Ark.) want to stay away from immigration reform during an election year, but political experts in Nevada say mobilizing Hispanic voters could be the key to a reelection victory for Reid, whose favorability rating is below 40 percent.”

No bounce for Obama: “PPP’s first national poll since the passage of the health care bill finds Barack Obama’s approval rating basically unchanged, with 46% of voters giving him good marks to 48% who disapprove. A month ago it was a 47/48 spread. This is the 4th out of 5 national surveys in 2010 that has put Obama in negative territory. The same basic dynamics in Obama’s national polling continue to be at play — Democrats pretty universally still love him (84% approval), Republicans don’t (87% disapproval), and independents are split pretty evenly. This month they go slightly against Obama by a 45/41 margin and that leads to his overall net negative standing.” And 50 percent oppose ObamaCare, while only 45 percent support it.

No good news for congressional Democrats from Sean Trende: “I think those who suggest that the House is barely in play, or that we are a long way from a 1994-style scenario are missing the mark. A 1994-style scenario is probably the most likely outcome at this point. Moreover, it is well within the realm of possibility — not merely a far-fetched scenario — that Democratic losses could climb into the 80 or 90-seat range. The Democrats are sailing into a perfect storm of factors influencing a midterm election, and if the situation declines for them in the ensuing months, I wouldn’t be shocked to see Democratic losses eclipse 100 seats.”

No help from the Chinese on isolating Iran: “A state-owned Chinese refiner plans to ship 30,000 metric tons of gasoline to Iran after European traders halted shipments ahead of possible new UN sanctions, according to Singapore ship brokers.”

No support for Israel-bashing: “In an open letter to President Obama, the president of the World Jewish Congress expressed concern over the deterioration in relations between Israel and the United States. Ronald Lauder called on Obama to ‘end our public feud with Israel and to confront the real challenges that we face together,’ most importantly the Iranian nuclear threat. … ‘Why does the thrust of this Administration’s Middle East rhetoric seem to blame Israel for the lack of movement on peace talks? After all, it is the Palestinians, not Israel, who refuse to negotiate. … The Administration’s desire to improve relations with the Muslim world is well known. But is friction with Israel part of this new strategy? Is it assumed worsening relations with Israel can improve relations with Muslims? History is clear on the matter: appeasement does not work. It can achieve the opposite of what is intended.”

No Henry Waxman bullying session for the corporate execs who are legally required to write down tax losses from ObamaCare. Must not be such a winning issue after all.

No victory in sight for Arlen Specter. “Republican hopeful Pat Toomey for the first time registers 50% support in his race against incumbent Democrat Arlen Specter in Pennsylvania’s contest for the U.S. Senate. The latest Rasmussen Reports telephone survey of likely voters in the state shows Specter earning 40% of the vote.”

No respect for Eric Holder — even from Chuck Schumer. “Sen. Chuck Schumer (D-N.Y.) doesn’t believe Attorney General Eric Holder is being genuine when he says the Obama administration still is considering New York City as a site for the terror trial of Khalid Sheikh Mohammed. ‘We know the administration is not going to hold the trial in New York. They should just say it already,’ Schumer said in a statement.” When it was Alberto Gonzales, Schumer said an attorney general who lawmakers couldn’t trust should step down. But that was totally different — Gonzales was an incompetent Republican; Holder’s a Democrat.

No way that the Democrats follow Harry Reid on this one: “Senate Majority Leader Harry Reid’s (D-Nev.) reelection interests are putting him at odds with the centrists he has vigorously protected over the past year and a half on the issue of immigration reform. Vulnerable senators like Blanche Lincoln (D-Ark.) want to stay away from immigration reform during an election year, but political experts in Nevada say mobilizing Hispanic voters could be the key to a reelection victory for Reid, whose favorability rating is below 40 percent.”

No bounce for Obama: “PPP’s first national poll since the passage of the health care bill finds Barack Obama’s approval rating basically unchanged, with 46% of voters giving him good marks to 48% who disapprove. A month ago it was a 47/48 spread. This is the 4th out of 5 national surveys in 2010 that has put Obama in negative territory. The same basic dynamics in Obama’s national polling continue to be at play — Democrats pretty universally still love him (84% approval), Republicans don’t (87% disapproval), and independents are split pretty evenly. This month they go slightly against Obama by a 45/41 margin and that leads to his overall net negative standing.” And 50 percent oppose ObamaCare, while only 45 percent support it.

No good news for congressional Democrats from Sean Trende: “I think those who suggest that the House is barely in play, or that we are a long way from a 1994-style scenario are missing the mark. A 1994-style scenario is probably the most likely outcome at this point. Moreover, it is well within the realm of possibility — not merely a far-fetched scenario — that Democratic losses could climb into the 80 or 90-seat range. The Democrats are sailing into a perfect storm of factors influencing a midterm election, and if the situation declines for them in the ensuing months, I wouldn’t be shocked to see Democratic losses eclipse 100 seats.”

No help from the Chinese on isolating Iran: “A state-owned Chinese refiner plans to ship 30,000 metric tons of gasoline to Iran after European traders halted shipments ahead of possible new UN sanctions, according to Singapore ship brokers.”

No support for Israel-bashing: “In an open letter to President Obama, the president of the World Jewish Congress expressed concern over the deterioration in relations between Israel and the United States. Ronald Lauder called on Obama to ‘end our public feud with Israel and to confront the real challenges that we face together,’ most importantly the Iranian nuclear threat. … ‘Why does the thrust of this Administration’s Middle East rhetoric seem to blame Israel for the lack of movement on peace talks? After all, it is the Palestinians, not Israel, who refuse to negotiate. … The Administration’s desire to improve relations with the Muslim world is well known. But is friction with Israel part of this new strategy? Is it assumed worsening relations with Israel can improve relations with Muslims? History is clear on the matter: appeasement does not work. It can achieve the opposite of what is intended.”

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Graham’s Crumbling Deal

The Wall Street Journal‘s editors go after Lindsey Graham on his recent proposed “deal” (which is not close to done) to close Guantanamo and send KSM back to a military tribunal:

Mr. Graham says if the White House sends September 11 mastermind Khalid Sheikh Mohammed to a military tribunal instead of a New York courtroom, he’ll help rally Republicans to support closing the prison in Guantanamo. Why? The plan for KSM’s tour of the civilian justice system is already a political dead horse. The White House has been backing away from its plan to try terrorists in civilian courts. What’s left is Mr. Obama’s unfortunate campaign promise to “close Guantanamo.” So Senator Graham is working with chief of staff Rahm Emanuel to help them out of this bind.

But this isn’t merely unnecessary (since a civilian trial of KSM is fast losing support in Congress and among voters); it is unwise. After all, there are good reasons why we haven’t closed Guantanamo already, despite the president’s ill-considered announcement just days into his presidency. The editors go on to note:

Closing Guantanamo has always been something of a red herring. The prison is remote, secure and humane, not to mention a state of the art facility already paid in full. The preferred White House alternative of a prison in Illinois will add legal complications and subtract the nice weather. Al Qaeda will claim we’re torturing detainees wherever we hold them. International critics will carp at anything short of opening the jail doors.

So why did Graham throw this out there? Well, just as he voted to confirm Sonia Sotomayor for the Supreme Court, this is a man who plainly loves the media adulation that goes along with taking on his Republican party. That makes one a “maverick” and “courageous” among the chattering classes. Alas for Graham, there’s little support for his gambit. He’ll have to find something else with which to annoy conservatives.

The Wall Street Journal‘s editors go after Lindsey Graham on his recent proposed “deal” (which is not close to done) to close Guantanamo and send KSM back to a military tribunal:

Mr. Graham says if the White House sends September 11 mastermind Khalid Sheikh Mohammed to a military tribunal instead of a New York courtroom, he’ll help rally Republicans to support closing the prison in Guantanamo. Why? The plan for KSM’s tour of the civilian justice system is already a political dead horse. The White House has been backing away from its plan to try terrorists in civilian courts. What’s left is Mr. Obama’s unfortunate campaign promise to “close Guantanamo.” So Senator Graham is working with chief of staff Rahm Emanuel to help them out of this bind.

But this isn’t merely unnecessary (since a civilian trial of KSM is fast losing support in Congress and among voters); it is unwise. After all, there are good reasons why we haven’t closed Guantanamo already, despite the president’s ill-considered announcement just days into his presidency. The editors go on to note:

Closing Guantanamo has always been something of a red herring. The prison is remote, secure and humane, not to mention a state of the art facility already paid in full. The preferred White House alternative of a prison in Illinois will add legal complications and subtract the nice weather. Al Qaeda will claim we’re torturing detainees wherever we hold them. International critics will carp at anything short of opening the jail doors.

So why did Graham throw this out there? Well, just as he voted to confirm Sonia Sotomayor for the Supreme Court, this is a man who plainly loves the media adulation that goes along with taking on his Republican party. That makes one a “maverick” and “courageous” among the chattering classes. Alas for Graham, there’s little support for his gambit. He’ll have to find something else with which to annoy conservatives.

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Stalling on KSM

Julie Mason of the Washington Examiner picks up on this exchange with Robert Gibbs:

Q: Robert, do you know when we can expect a decision on the KSM trial?

Mr. Gibbs: I don’t expect a decision on that for several or many weeks.

Q: Will it be the president’s decision?

Mr. Gibbs: The president obviously has gotten involved because Congress has actively been involved in venue options for any trial involving Khalid Sheikh Mohammed. The president’s obviously strong equity in this is seeing that after many long years that justice is brought.

I don’t know what the faux legal-speak in the last sentence means (“strong equity”?) either. But the point here is that the administration is in stalling mode. The current approach, both as to the specific venue and a civilian trial more generally, has proved unworkable and grossly unpopular. Yet at the very time their Justice Department lawyers are under attack, in part for having come up with this screwy recommendation, the administration is loathe to retreat. Their base is semi-unhinged enough (you know, with the coming demise of health care and all), and this is no time to push the netroots over the edge.

Nevertheless, I think we’ll never see KSM in a civilian courtroom. No jurisdiction will want the headache, the public thinks the idea is dangerous, and the logistics (the cost, the potential for acquittal or any punishment less than the death penalty) – which the Justice Department brain trust failed to think through — are daunting. So the president stalls. Like so much else on the Left’s agenda (Don’t Ask, Don’t Tell, cap-and-trade), the president will get to it when he gets to it.

Julie Mason of the Washington Examiner picks up on this exchange with Robert Gibbs:

Q: Robert, do you know when we can expect a decision on the KSM trial?

Mr. Gibbs: I don’t expect a decision on that for several or many weeks.

Q: Will it be the president’s decision?

Mr. Gibbs: The president obviously has gotten involved because Congress has actively been involved in venue options for any trial involving Khalid Sheikh Mohammed. The president’s obviously strong equity in this is seeing that after many long years that justice is brought.

I don’t know what the faux legal-speak in the last sentence means (“strong equity”?) either. But the point here is that the administration is in stalling mode. The current approach, both as to the specific venue and a civilian trial more generally, has proved unworkable and grossly unpopular. Yet at the very time their Justice Department lawyers are under attack, in part for having come up with this screwy recommendation, the administration is loathe to retreat. Their base is semi-unhinged enough (you know, with the coming demise of health care and all), and this is no time to push the netroots over the edge.

Nevertheless, I think we’ll never see KSM in a civilian courtroom. No jurisdiction will want the headache, the public thinks the idea is dangerous, and the logistics (the cost, the potential for acquittal or any punishment less than the death penalty) – which the Justice Department brain trust failed to think through — are daunting. So the president stalls. Like so much else on the Left’s agenda (Don’t Ask, Don’t Tell, cap-and-trade), the president will get to it when he gets to it.

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Flotsam and Jetsam

Michael Rubin: “[Iran] Foreign Minister Mottaki: ‘Mr. [Yukiya] Amanu’s [IAEA] report shows that he is relatively new in his job. It takes some time until he reaches the maturity of Mr. El Baradei.’ That’s a bit like Hitler complaining that Churchill doesn’t have the maturity of Chamberlain. Congratulations to the IAEA for putting mission first, and leaving politics to the politicians.”

James Capretta on ObamaCare II: “The latest Obama plan would still pile a massive new health-entitlement program on top of the unaffordable ones already on the books. The Congressional Budget Office says the cost of the coverage expansions in the Senate bill (upon which the president’s plan is based) will reach $200 billion annually by 2019 and increase 8 percent every year thereafter. The Obama plan would increase those costs with even more expensive promises. Over the next decade, the plan would cost at least $1.2 trillion. Over a full ten years of implementation, its cost would approach $2.5 trillion.”

Even the Washington Post‘s editors don’t have nice things to say about Obama: “Overall, though, the president has proposed a plan whose uncertain savings are made even less certain, and whose known costs are increased. Already a trillion-dollar plan was ‘paid for’ with hundreds of billions of dollars in promised ‘savings’ from Medicare; already it ignored a known cost of well over $200 billion in Medicare payments to physicians; already it relegated too many reforms to pilot programs with long horizons. Now it postpones the key savings mechanism [the Cadillac excise tax]. Administration officials argue that Mr. Obama deserves credit for not dropping the tax altogether. But when did he stand up and fight for the better approach?”

Might it be all that talk of ObamaCare II? “For the second straight week, Republican candidates lead Democrats by nine points in the latest edition of the Generic Congressional Ballot.”

Not buying Eric Holder’s latest: “Republicans are hitting back against Democratic claims that a guilty plea from an al Qaeda operative in federal court is proof the criminal justice system is up to the task of prosecuting terrorism suspects. … Republicans, however, remain steadfastly opposed to trying terrorism suspects in civilian courts and argued that the [Najibullah] Zazi case has no bearing on other prospective terrorism prosecutions, because Zazi is a legal permanent resident of the United States, while most accused terrorists are citizens of other countries who are not entitled to the constitutional rights civilian trials afford.” Rep. Lamar Smith chides Holder: “But comparing the prosecution of Zazi — a legal permanent resident of the U.S. — to Khalid Sheikh Mohammed — who engaged in an act of war against the U.S. by plotting the mass murder of Americans on 9/11 — is misleading at best.” Holder’s response? Still waiting.

Leslie Gelb points out that Rahm Emanuel is defending himself by dumping on Obama. “In other words, Mr. Obama could have thrived and saved himself on key issues had he only listened to Rahm. It sure looks like Rahm (or someone near and dear to him) trying to save himself at the president’s expense.” Or maybe anti-Rahm forces are trying to make Rahm look like a disloyal snitch.

Not a headline Gov. Charlie Crist wants to see: “Wounded Crist Campaign Losing Staff.”

Sen. Harry Reid gets criticized for saying that unemployment contributes to domestic abuse. (“I met with some people while I was home dealing with domestic abuse. It has gotten out of hand. Why? Men don’t have jobs.”) He actually has a point and certainly has said dumber, less defensible things. But he now has the ability to make even a plausible observation seem like a gaffe.

Michael Rubin: “[Iran] Foreign Minister Mottaki: ‘Mr. [Yukiya] Amanu’s [IAEA] report shows that he is relatively new in his job. It takes some time until he reaches the maturity of Mr. El Baradei.’ That’s a bit like Hitler complaining that Churchill doesn’t have the maturity of Chamberlain. Congratulations to the IAEA for putting mission first, and leaving politics to the politicians.”

James Capretta on ObamaCare II: “The latest Obama plan would still pile a massive new health-entitlement program on top of the unaffordable ones already on the books. The Congressional Budget Office says the cost of the coverage expansions in the Senate bill (upon which the president’s plan is based) will reach $200 billion annually by 2019 and increase 8 percent every year thereafter. The Obama plan would increase those costs with even more expensive promises. Over the next decade, the plan would cost at least $1.2 trillion. Over a full ten years of implementation, its cost would approach $2.5 trillion.”

Even the Washington Post‘s editors don’t have nice things to say about Obama: “Overall, though, the president has proposed a plan whose uncertain savings are made even less certain, and whose known costs are increased. Already a trillion-dollar plan was ‘paid for’ with hundreds of billions of dollars in promised ‘savings’ from Medicare; already it ignored a known cost of well over $200 billion in Medicare payments to physicians; already it relegated too many reforms to pilot programs with long horizons. Now it postpones the key savings mechanism [the Cadillac excise tax]. Administration officials argue that Mr. Obama deserves credit for not dropping the tax altogether. But when did he stand up and fight for the better approach?”

Might it be all that talk of ObamaCare II? “For the second straight week, Republican candidates lead Democrats by nine points in the latest edition of the Generic Congressional Ballot.”

Not buying Eric Holder’s latest: “Republicans are hitting back against Democratic claims that a guilty plea from an al Qaeda operative in federal court is proof the criminal justice system is up to the task of prosecuting terrorism suspects. … Republicans, however, remain steadfastly opposed to trying terrorism suspects in civilian courts and argued that the [Najibullah] Zazi case has no bearing on other prospective terrorism prosecutions, because Zazi is a legal permanent resident of the United States, while most accused terrorists are citizens of other countries who are not entitled to the constitutional rights civilian trials afford.” Rep. Lamar Smith chides Holder: “But comparing the prosecution of Zazi — a legal permanent resident of the U.S. — to Khalid Sheikh Mohammed — who engaged in an act of war against the U.S. by plotting the mass murder of Americans on 9/11 — is misleading at best.” Holder’s response? Still waiting.

Leslie Gelb points out that Rahm Emanuel is defending himself by dumping on Obama. “In other words, Mr. Obama could have thrived and saved himself on key issues had he only listened to Rahm. It sure looks like Rahm (or someone near and dear to him) trying to save himself at the president’s expense.” Or maybe anti-Rahm forces are trying to make Rahm look like a disloyal snitch.

Not a headline Gov. Charlie Crist wants to see: “Wounded Crist Campaign Losing Staff.”

Sen. Harry Reid gets criticized for saying that unemployment contributes to domestic abuse. (“I met with some people while I was home dealing with domestic abuse. It has gotten out of hand. Why? Men don’t have jobs.”) He actually has a point and certainly has said dumber, less defensible things. But he now has the ability to make even a plausible observation seem like a gaffe.

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Holder Still Confused

When last we heard about Eric Holder, he was being assigned a “minder” to keep track of him and fine-tune his political radar. You see, the problem in the Obama administration is never what they’re doing; it’s always how they’re talking about it. Holder is out saying silly things again and in the process revealing the utter disarray in which the Obami find their anti-terrorism policies. What’s happening with the KSM trial?

Holder said he has made no decision about where to hold a trial for alleged Sept. 11 mastermind Khalid Sheikh Mohammed and four others accusing of plotting that attack. Last November, the attorney general announced plans to put the five on trial in Manhattan, but the administration retreated from that plan after political leaders in the city and the state turned against it.

Well, we did have a place for the trial until New Yorkers screamed, “No way!” Now Holder is searching for some locale in America where the residents are enthusiastic about taking on what New Yorkers will not, namely an expensive security nightmare. He isn’t even saying if this will be a civilian trial, although he chastises conservatives for failing to appreciate the wonders of our judiciary system, which absolutely no-questions-asked is going to convict KSM. Then he spews this gobbledygook:

We need not make more of these people than they are. [They] are thugs. They are people who engaged in criminal warlike activities against the United States but they are people who are not different from people we have shown we have the ability to handle in the past.

Notice the tough-guy talk about “thugs,” perhaps the contribution of the minder. But once again, “thug” conveys a guy with brass knuckles, a two-bit mobster shaking down some local businesses, not the fanatics who want to blow up a city block. And how do you like the phrase “criminal warlike activities.” A keener mind might make the distinction between criminal — a violator of the Penal Code entitled to all constitutional rights — and warlike, meaning engaged in acts of war against the United States. It is the jumble of the two that has gotten Holder and all the Obami tied up in knots. Maybe Holder needs a better minder — or we need a better attorney general.

When last we heard about Eric Holder, he was being assigned a “minder” to keep track of him and fine-tune his political radar. You see, the problem in the Obama administration is never what they’re doing; it’s always how they’re talking about it. Holder is out saying silly things again and in the process revealing the utter disarray in which the Obami find their anti-terrorism policies. What’s happening with the KSM trial?

Holder said he has made no decision about where to hold a trial for alleged Sept. 11 mastermind Khalid Sheikh Mohammed and four others accusing of plotting that attack. Last November, the attorney general announced plans to put the five on trial in Manhattan, but the administration retreated from that plan after political leaders in the city and the state turned against it.

Well, we did have a place for the trial until New Yorkers screamed, “No way!” Now Holder is searching for some locale in America where the residents are enthusiastic about taking on what New Yorkers will not, namely an expensive security nightmare. He isn’t even saying if this will be a civilian trial, although he chastises conservatives for failing to appreciate the wonders of our judiciary system, which absolutely no-questions-asked is going to convict KSM. Then he spews this gobbledygook:

We need not make more of these people than they are. [They] are thugs. They are people who engaged in criminal warlike activities against the United States but they are people who are not different from people we have shown we have the ability to handle in the past.

Notice the tough-guy talk about “thugs,” perhaps the contribution of the minder. But once again, “thug” conveys a guy with brass knuckles, a two-bit mobster shaking down some local businesses, not the fanatics who want to blow up a city block. And how do you like the phrase “criminal warlike activities.” A keener mind might make the distinction between criminal — a violator of the Penal Code entitled to all constitutional rights — and warlike, meaning engaged in acts of war against the United States. It is the jumble of the two that has gotten Holder and all the Obami tied up in knots. Maybe Holder needs a better minder — or we need a better attorney general.

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CPAC: Past, Present, and Future

One former VP, a former (and current) presidential aspirant, and a future rock star came to the CPAC gathering today. Two of them aren’t running for president in 2012, and you can bet the other is.

Dick Cheney made a surprise appearance and, in essence, passed the baton to the generation of his daughter Liz. (She might be running for something before too long.) As for Marco Rubio:

The star of CPAC continued his rise in the Republican Party on Thursday with a story about his American Dream. Marco Rubio, who has surged to near-even with Gov. Charlie Crist in the Florida GOP Senate primary, used his speech in front of the Conservative Political Action Conference (CPAC) to bash President Barack Obama, Republican defector Sen. Arlen Specter and, by connection, the centrist Crist.

Rubio suggested that Crist would be another senator in the mold of Specter (D-Pa.), who in the face of a tough reelection last year fled the GOP to become a Democrat.

“We already have one Arlen Specter,” Rubio said, adding: “We already have one Democratic Party.”

Ouch. But it’s clear that his invocation of the American dream, his staunch position on the war against Islamic fascists, and his full-throated conservative economic message are a hit with the base, and will likely transfer comfortably to a general-election race.

Cheney and Rubio made clear that they will not be running in 2012. But Mitt Romney surely will. Ben Smith summed it up:

Mitt Romney has gone from being an overeager suitor to being a favored son of the Conservative Political Action Conference since he ended his presidential campaign here in 2008, and his speech today was well-calibrated to an audience basking in a conservative resurgence and eager for attacks on Obama.

Sen. Scott Brown introduced Romney, sharing a bit of his new star power with the former governor, whose aides ran Brown’s campaign, and calling him perfectly qualified “to fix a broken economy.”

Romney’s prepared remarks lace into Obama on an array of issues, all hinged on a single theme: Obama has departed from American values.

Several things were noteworthy in his speech. First, unlike his potential competitor Tim Pawlenty, who’s taken to slamming the GOP and, indirectly, George. W. Bush, Romney wasn’t going there:

When it comes to shifting responsibility for failure, however, no one is a more frequent object of President Obama’s reproach than President Bush. It’s wearing so thin that even the late night shows make fun of it. I am convinced that history will judge President Bush far more kindly — he pulled us from a deepening recession following the attack of 9/11, he overcame teachers unions to test school children and evaluate schools, he took down the Taliban, waged a war against the jihadists and was not afraid to call it what it is — a war, and he kept us safe.

Classy, and, after a year of not-Bush in the Oval Office, I suspect the message will resonate with conservatives.

Second, Romney, who struggled to find footing with social conservatives and to establish his bona fides on abortion and other such issues,  focused almost exclusively on foreign policy and the economy. When he did talk about “strengthening families,” it was education and health care, not abortion and gay rights, that were his focus. If 2012 will be about “letting Romney be Romney,” then you’re going to hear less of the hot-button issues that rang as not quite authentic last time around and, rather, more of this: “Conservatism has had from its inception a vigorously positive, intellectually rigorous agenda.”

Third, he has clearly found his focus, which is a conservative economic message that goes after the Democrats’ statist agenda and touts his own business background. He is laying the case that Obama simply doesn’t understand how the economy works and isn’t prepared, even now, to be president:

As he frequently reminds us, he assumed the presidency at a difficult time. That’s the reason we argued during the campaign that these were not the times for on the job training. Had he or his advisors spent even a few years in the real economy, they would have learned that the number one cause of failure in the private sector is lack of focus, and that the first rule of turning around any troubled enterprise is focus, focus, focus. And so, when he assumed the presidency, his energy should have been focused on fixing the economy and creating jobs, and to succeeding in our fight against radical violent jihad in Iraq and Afghanistan. Instead, he applied his time and political capital to his ill-conceived healthcare takeover and to building his personal popularity in foreign countries. He failed to focus, and so he failed.

And finally, there is a reason Romney is saying nice things about both George W. Bush and Dick Cheney — he’s running against the not-Bush (and Cheney) national-security policy:

We will strengthen our security by building missile defense, restoring our military might, and standing-by and strengthening our intelligence officers. And conservatives believe in providing constitutional rights to our citizens, not to enemy combatants like Khalid Sheikh Mohammed! On our watch, the conversation with a would-be suicide bomber will not begin with the words, “You have the right to remain silent!”

Romney never quite clicked with the conservative base last time. But Republicans are notoriously forgiving types and have a habit of going back to the runner-up. If he’s going to run as Romney the businessman, experienced executive, free-market advocate, and tough-as-nails commander in chief, it will be quite a contrast with Obama. But first he’s got to wow the conservative base and get by some formidable competition. Bringing along Scott Brown to introduce him was one small sign that he understands the need to connect with not just mainstreet Republicans but also with the grassroots tea party movement, which carried Brown into office. No easy task, but then again, we should all get a grip — it is still 2010.

One former VP, a former (and current) presidential aspirant, and a future rock star came to the CPAC gathering today. Two of them aren’t running for president in 2012, and you can bet the other is.

Dick Cheney made a surprise appearance and, in essence, passed the baton to the generation of his daughter Liz. (She might be running for something before too long.) As for Marco Rubio:

The star of CPAC continued his rise in the Republican Party on Thursday with a story about his American Dream. Marco Rubio, who has surged to near-even with Gov. Charlie Crist in the Florida GOP Senate primary, used his speech in front of the Conservative Political Action Conference (CPAC) to bash President Barack Obama, Republican defector Sen. Arlen Specter and, by connection, the centrist Crist.

Rubio suggested that Crist would be another senator in the mold of Specter (D-Pa.), who in the face of a tough reelection last year fled the GOP to become a Democrat.

“We already have one Arlen Specter,” Rubio said, adding: “We already have one Democratic Party.”

Ouch. But it’s clear that his invocation of the American dream, his staunch position on the war against Islamic fascists, and his full-throated conservative economic message are a hit with the base, and will likely transfer comfortably to a general-election race.

Cheney and Rubio made clear that they will not be running in 2012. But Mitt Romney surely will. Ben Smith summed it up:

Mitt Romney has gone from being an overeager suitor to being a favored son of the Conservative Political Action Conference since he ended his presidential campaign here in 2008, and his speech today was well-calibrated to an audience basking in a conservative resurgence and eager for attacks on Obama.

Sen. Scott Brown introduced Romney, sharing a bit of his new star power with the former governor, whose aides ran Brown’s campaign, and calling him perfectly qualified “to fix a broken economy.”

Romney’s prepared remarks lace into Obama on an array of issues, all hinged on a single theme: Obama has departed from American values.

Several things were noteworthy in his speech. First, unlike his potential competitor Tim Pawlenty, who’s taken to slamming the GOP and, indirectly, George. W. Bush, Romney wasn’t going there:

When it comes to shifting responsibility for failure, however, no one is a more frequent object of President Obama’s reproach than President Bush. It’s wearing so thin that even the late night shows make fun of it. I am convinced that history will judge President Bush far more kindly — he pulled us from a deepening recession following the attack of 9/11, he overcame teachers unions to test school children and evaluate schools, he took down the Taliban, waged a war against the jihadists and was not afraid to call it what it is — a war, and he kept us safe.

Classy, and, after a year of not-Bush in the Oval Office, I suspect the message will resonate with conservatives.

Second, Romney, who struggled to find footing with social conservatives and to establish his bona fides on abortion and other such issues,  focused almost exclusively on foreign policy and the economy. When he did talk about “strengthening families,” it was education and health care, not abortion and gay rights, that were his focus. If 2012 will be about “letting Romney be Romney,” then you’re going to hear less of the hot-button issues that rang as not quite authentic last time around and, rather, more of this: “Conservatism has had from its inception a vigorously positive, intellectually rigorous agenda.”

Third, he has clearly found his focus, which is a conservative economic message that goes after the Democrats’ statist agenda and touts his own business background. He is laying the case that Obama simply doesn’t understand how the economy works and isn’t prepared, even now, to be president:

As he frequently reminds us, he assumed the presidency at a difficult time. That’s the reason we argued during the campaign that these were not the times for on the job training. Had he or his advisors spent even a few years in the real economy, they would have learned that the number one cause of failure in the private sector is lack of focus, and that the first rule of turning around any troubled enterprise is focus, focus, focus. And so, when he assumed the presidency, his energy should have been focused on fixing the economy and creating jobs, and to succeeding in our fight against radical violent jihad in Iraq and Afghanistan. Instead, he applied his time and political capital to his ill-conceived healthcare takeover and to building his personal popularity in foreign countries. He failed to focus, and so he failed.

And finally, there is a reason Romney is saying nice things about both George W. Bush and Dick Cheney — he’s running against the not-Bush (and Cheney) national-security policy:

We will strengthen our security by building missile defense, restoring our military might, and standing-by and strengthening our intelligence officers. And conservatives believe in providing constitutional rights to our citizens, not to enemy combatants like Khalid Sheikh Mohammed! On our watch, the conversation with a would-be suicide bomber will not begin with the words, “You have the right to remain silent!”

Romney never quite clicked with the conservative base last time. But Republicans are notoriously forgiving types and have a habit of going back to the runner-up. If he’s going to run as Romney the businessman, experienced executive, free-market advocate, and tough-as-nails commander in chief, it will be quite a contrast with Obama. But first he’s got to wow the conservative base and get by some formidable competition. Bringing along Scott Brown to introduce him was one small sign that he understands the need to connect with not just mainstreet Republicans but also with the grassroots tea party movement, which carried Brown into office. No easy task, but then again, we should all get a grip — it is still 2010.

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Hiding Behind the Bushies

Bill McGurn notices that the Obami are now seeking to hide behind the skirts of George W. Bush and his national-security team – the very people the Obami excoriated, investigated, and vilified as virtual war criminals. He writes:

Barack Obama defending his war policies by suggesting they merely continue his predecessor’s practices. The defense is illuminating, not least for its implicit recognition that George W. Bush has more credibility on fighting terrorists than does the sitting president.

Mr. Obama’s explanation came in an interview with Katie Couric just before the Super Bowl. Ms. Couric asked about trying Khalid Sheikh Mohammed in New York. After listing some of the difficulties, the president offered a startling defense for civilian trials: “I think that the most important thing for the public to understand,” he told Ms. Couric, “is we’re not handling any of these cases any different than the Bush administration handled them all through 9/11.”

This is a far cry, as McGurn points out, from all the insults hurled by Obama at the Bush team. (“You know—all those Niebuhrian speeches about how America had gone ‘off course,’ ‘shown arrogance and been dismissive,’ and ‘made decisions based on fear rather than foresight,’ thus handing al Qaeda a valuable recruiting tool.”)

And then there are the facts: you see, it’s not true. Former Attorney General Michael Mukasey says that the decision to Mirandize the Christmas Day bomber and classify him as a criminal defendant wasn’t predetermined by any Bush-era policy or guideline: “And there is nothing—zero, zilch, nada—in those guidelines that makes that choice. It is a decision that ought to be made at the highest level, and the heads of our security agencies have testified that it was made without consulting them.”

It is political cowardice plain and simple to pass off on a prior president what is indisputably a policy judgment of this administration. Indeed, the entire episode personifies the core failings of this president — a misguided view of our enemies and the requirements of fighting a war against Islamic fascists, a willingness to employ leftist slogans in place of reasoned policy, a refusal to take responsibility for grievous errors, and an inability to get stories straight when everything goes haywire. The stakes are very high, yet the Obami persist in treating the public as gullible and a near-calamitous national-security failure as a mere PR problem. In that regard, they certainly are very un-Bush.

Bill McGurn notices that the Obami are now seeking to hide behind the skirts of George W. Bush and his national-security team – the very people the Obami excoriated, investigated, and vilified as virtual war criminals. He writes:

Barack Obama defending his war policies by suggesting they merely continue his predecessor’s practices. The defense is illuminating, not least for its implicit recognition that George W. Bush has more credibility on fighting terrorists than does the sitting president.

Mr. Obama’s explanation came in an interview with Katie Couric just before the Super Bowl. Ms. Couric asked about trying Khalid Sheikh Mohammed in New York. After listing some of the difficulties, the president offered a startling defense for civilian trials: “I think that the most important thing for the public to understand,” he told Ms. Couric, “is we’re not handling any of these cases any different than the Bush administration handled them all through 9/11.”

This is a far cry, as McGurn points out, from all the insults hurled by Obama at the Bush team. (“You know—all those Niebuhrian speeches about how America had gone ‘off course,’ ‘shown arrogance and been dismissive,’ and ‘made decisions based on fear rather than foresight,’ thus handing al Qaeda a valuable recruiting tool.”)

And then there are the facts: you see, it’s not true. Former Attorney General Michael Mukasey says that the decision to Mirandize the Christmas Day bomber and classify him as a criminal defendant wasn’t predetermined by any Bush-era policy or guideline: “And there is nothing—zero, zilch, nada—in those guidelines that makes that choice. It is a decision that ought to be made at the highest level, and the heads of our security agencies have testified that it was made without consulting them.”

It is political cowardice plain and simple to pass off on a prior president what is indisputably a policy judgment of this administration. Indeed, the entire episode personifies the core failings of this president — a misguided view of our enemies and the requirements of fighting a war against Islamic fascists, a willingness to employ leftist slogans in place of reasoned policy, a refusal to take responsibility for grievous errors, and an inability to get stories straight when everything goes haywire. The stakes are very high, yet the Obami persist in treating the public as gullible and a near-calamitous national-security failure as a mere PR problem. In that regard, they certainly are very un-Bush.

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Holder Under the Bus?

Andy McCarthy and I have both been looking at Attorney General Eric Holder’s latest effort to defend in a letter to Mitch McConnell the administration’s handling of the Christmas Day bomber. McCarthy sums it up:

The fundamental problem with the attorney general’s line of argument is that it unfolds as though there were no war and no president. Abdulmutallab, Holder believes, is just like any other person arrested in the United States: When an arrest happens, government officials automatically employ “long-established and publicly known policies and practices.” It does not matter who sent the person or what he was arrested trying to do. Miranda warnings are given, lawyers are interposed, charges are filed, and trials are conducted. Even if the nation is at war, we don’t inquire into whether the arrested person is an operative dispatched here by hostile forces to commit mass murder.

Aside from the sloppy legal work by Holder (including citing cases that have been since overturned by the Supreme Court), it is curious to see that the Obami are now retreating to the defense that “Bush did the same thing” (ignoring the instances in which Bush designated terrorists as enemy combatants). None of this seems to be working to shore up support for the criminal-justice model, which the Obami have insisted on employing, in part because the legal arguments are weak (e.g., disregarding the military-commission system, now in place to handle these cases) and in part because neither the public nor members of Obama’s own party think it makes sense to try KSM in a civilian court, Mirandize a terrorist, or ship Guantanamo detainees to the U.S. Joining the chorus of other mainstream critics of the Obama approach, Stuart Taylor calls Holder’s decisions to Mirandize the Christmas Day bomber and to try KSM in a civilian court “two glaring mistakes” that require a serious course correction by Obama in his anti-terrorism policies.

In a piece in the New Yorker, which aptly describes the gathering storm of opposition, Holder doubles-down (“What we did is totally consistent with what has happened in every similar case”) and lashes out at former Vice President Dick Cheney (“On some level, and I’m not sure why, he lacks confidence in the American system of justice”). But Holder seems to be on thin ice and the White House might now view him as a liability. The New Yorker quotes a source close to the White House:

“The White House doesn’t trust his judgment, and doesn’t think he’s mindful enough of all the things he should be,” such as protecting the President from political fallout. “They think he wants to protect his own image, and to make himself untouchable politically, the way Reno did, by doing the righteous thing.”

Even more ominous for Holder: Rahm Emanuel is making it clear to all those concerned that he disagreed with a string of highly controversial and politically disastrous decisions by Holder. We learn: “Emanuel adamantly opposed a number of Holder’s decisions, including one that widened the scope of a special counsel who had begun investigating the C.I.A.’s interrogation program. Bush had appointed the special counsel, John Durham, to assess whether the C.I.A. had obstructed justice when it destroyed videotapes documenting waterboarding sessions.” And then there is the KSM trial:

At the White House, Emanuel, who is not a lawyer, opposed Holder’s position on the 9/11 cases. He argued that the Administration needed the support of key Republicans to help close Guantánamo, and that a fight over Khalid Sheikh Mohammed could alienate them. “There was a lot of drama,” the informed source said. . . .  “Rahm felt very, very strongly that it was a mistake to prosecute the 9/11 people in the federal courts, and that it was picking an unnecessary fight with the military-commission people,” the informed source said. “Rahm had a good relationship with [Sen. Lindsay] Graham, and believed Graham when he said that if you don’t prosecute these people in military commissions I won’t support the closing of Guantánamo. . . . Rahm said, ‘If we don’t have Graham, we can’t close Guantánamo, and it’s on Eric!’ ”

Interesting that Emanuel and his spinners are now distancing the White House from their attorney general. One wonders where Obama stands in this drama. Isn’t he, after all, the commander in chief? Either the president was content to go along with Holder’s decisions until they went south or he subcontracted, with no oversight, some of the most critical decisions of his presidency to a lawyer who is prone to making the kind of mistakes a “first-year lawyer would get fired for.

Either way, Obama now must suffer the results of Holder’s ill-advised decisions. There will be much speculation, given Emanuel’s comments, as to whether the White House is getting ready to throw Holder under that proverbial bus. Now, as the Democrats join the Republicans to block the KSM trial and to deny funds for moving detainees to Illinois, it would be as good a time as any.

Andy McCarthy and I have both been looking at Attorney General Eric Holder’s latest effort to defend in a letter to Mitch McConnell the administration’s handling of the Christmas Day bomber. McCarthy sums it up:

The fundamental problem with the attorney general’s line of argument is that it unfolds as though there were no war and no president. Abdulmutallab, Holder believes, is just like any other person arrested in the United States: When an arrest happens, government officials automatically employ “long-established and publicly known policies and practices.” It does not matter who sent the person or what he was arrested trying to do. Miranda warnings are given, lawyers are interposed, charges are filed, and trials are conducted. Even if the nation is at war, we don’t inquire into whether the arrested person is an operative dispatched here by hostile forces to commit mass murder.

Aside from the sloppy legal work by Holder (including citing cases that have been since overturned by the Supreme Court), it is curious to see that the Obami are now retreating to the defense that “Bush did the same thing” (ignoring the instances in which Bush designated terrorists as enemy combatants). None of this seems to be working to shore up support for the criminal-justice model, which the Obami have insisted on employing, in part because the legal arguments are weak (e.g., disregarding the military-commission system, now in place to handle these cases) and in part because neither the public nor members of Obama’s own party think it makes sense to try KSM in a civilian court, Mirandize a terrorist, or ship Guantanamo detainees to the U.S. Joining the chorus of other mainstream critics of the Obama approach, Stuart Taylor calls Holder’s decisions to Mirandize the Christmas Day bomber and to try KSM in a civilian court “two glaring mistakes” that require a serious course correction by Obama in his anti-terrorism policies.

In a piece in the New Yorker, which aptly describes the gathering storm of opposition, Holder doubles-down (“What we did is totally consistent with what has happened in every similar case”) and lashes out at former Vice President Dick Cheney (“On some level, and I’m not sure why, he lacks confidence in the American system of justice”). But Holder seems to be on thin ice and the White House might now view him as a liability. The New Yorker quotes a source close to the White House:

“The White House doesn’t trust his judgment, and doesn’t think he’s mindful enough of all the things he should be,” such as protecting the President from political fallout. “They think he wants to protect his own image, and to make himself untouchable politically, the way Reno did, by doing the righteous thing.”

Even more ominous for Holder: Rahm Emanuel is making it clear to all those concerned that he disagreed with a string of highly controversial and politically disastrous decisions by Holder. We learn: “Emanuel adamantly opposed a number of Holder’s decisions, including one that widened the scope of a special counsel who had begun investigating the C.I.A.’s interrogation program. Bush had appointed the special counsel, John Durham, to assess whether the C.I.A. had obstructed justice when it destroyed videotapes documenting waterboarding sessions.” And then there is the KSM trial:

At the White House, Emanuel, who is not a lawyer, opposed Holder’s position on the 9/11 cases. He argued that the Administration needed the support of key Republicans to help close Guantánamo, and that a fight over Khalid Sheikh Mohammed could alienate them. “There was a lot of drama,” the informed source said. . . .  “Rahm felt very, very strongly that it was a mistake to prosecute the 9/11 people in the federal courts, and that it was picking an unnecessary fight with the military-commission people,” the informed source said. “Rahm had a good relationship with [Sen. Lindsay] Graham, and believed Graham when he said that if you don’t prosecute these people in military commissions I won’t support the closing of Guantánamo. . . . Rahm said, ‘If we don’t have Graham, we can’t close Guantánamo, and it’s on Eric!’ ”

Interesting that Emanuel and his spinners are now distancing the White House from their attorney general. One wonders where Obama stands in this drama. Isn’t he, after all, the commander in chief? Either the president was content to go along with Holder’s decisions until they went south or he subcontracted, with no oversight, some of the most critical decisions of his presidency to a lawyer who is prone to making the kind of mistakes a “first-year lawyer would get fired for.

Either way, Obama now must suffer the results of Holder’s ill-advised decisions. There will be much speculation, given Emanuel’s comments, as to whether the White House is getting ready to throw Holder under that proverbial bus. Now, as the Democrats join the Republicans to block the KSM trial and to deny funds for moving detainees to Illinois, it would be as good a time as any.

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Democrats Wake Up: “Not-Bush” Makes No Sense

It seems that Scott Brown’s election has had a liberating effect on Democratic senators. Perhaps it was Brown’s stirring call to spend money on defense and not on lawyers for terrorists. Or maybe it’s the growing awareness that Obama is not politically invincible, perhaps not even viable. It might be that they’re listening to the voters a little more carefully and are somewhat more attuned to polls that show little patience for Obama’s policy of approaching terrorism as ordinary crime-fighting.

What Democratic lawmakers were willing to mutely accept or spin on behalf of their president, they now are beginning to criticize. The Wall Street Journal editors observe:

In a letter to President Obama this week, Democrats Blanche Lincoln and Jim Webb, Republicans Lindsey Graham, John McCain and Susan Collins, and Independent Democrat Joe Lieberman wrote that “The attacks of 9/11 were acts of war, and those who planned and carried out those attacks are war criminals.”

The six Senators “strongly” urged the White House to reconsider its decision to prosecute Khalid Sheikh Mohammed and other terrorists in New York federal district court, which they argued is “without precedent in our nation’s history.”

And then there was the decision — made without reflection or input from intelligence officials — to treat the Christmas Day bomber as a common criminal defendant. This was initially the subject of criticism only from the Right. No more:

Earlier this week Mr. Lieberman and Mrs. Collins also wrote that the decision to treat Abdulmutallab as a common criminal “almost certainly prevented the military and the intelligence community from obtaining information that would have been critical to learning more about how our enemy operates and to preventing future attacks.”

There’s much to be done by Congress. As the editors note: “the Members can pass a law that strips the federal courts of jurisdiction over such unlawful enemy combatants as Abdulmutallab and KSM.” It gets a bit dicey, of course, because a federal court already has jurisdiction over Abdulmutallab. A smart lawyer experienced in these cases tells me: “What they have done by indicting him, however, is injected a huge wild card into the process — a federal judge. The judge could very easily get in the way. We’ve shifted people from enemy combatant status to criminal status before, but don’t recall doing it the other way.”

That’s not to say the obstacles can’t be overcome and the effort should not be made. They should. It’s important to have the public debate and see whether we have a broad-based consensus in this country that Obama’s knee-jerk rejection to Bush-era anti-terrorism policies was foolhardy, that a military tribunal is an appropriate forum for handling al-Qaeda-supported or -trained terrorists (without regard to where they are apprehended), and that high-value detainees should be interrogated minus the Miranda warnings by trained intelligence personnel with all the available data to elicit the maximum amount of intelligence information. There is nothing contrary to our “values” or our legal precedents in any of this. It’s the Obami and their Justice Department lefty lawyers who are out of step with both. In the wake of the Massachusetts epic upset, Democratic lawmakers are starting to come to their senses. That’s a very good thing for the country and might spare a few of them Martha Coakely’s fate.

It seems that Scott Brown’s election has had a liberating effect on Democratic senators. Perhaps it was Brown’s stirring call to spend money on defense and not on lawyers for terrorists. Or maybe it’s the growing awareness that Obama is not politically invincible, perhaps not even viable. It might be that they’re listening to the voters a little more carefully and are somewhat more attuned to polls that show little patience for Obama’s policy of approaching terrorism as ordinary crime-fighting.

What Democratic lawmakers were willing to mutely accept or spin on behalf of their president, they now are beginning to criticize. The Wall Street Journal editors observe:

In a letter to President Obama this week, Democrats Blanche Lincoln and Jim Webb, Republicans Lindsey Graham, John McCain and Susan Collins, and Independent Democrat Joe Lieberman wrote that “The attacks of 9/11 were acts of war, and those who planned and carried out those attacks are war criminals.”

The six Senators “strongly” urged the White House to reconsider its decision to prosecute Khalid Sheikh Mohammed and other terrorists in New York federal district court, which they argued is “without precedent in our nation’s history.”

And then there was the decision — made without reflection or input from intelligence officials — to treat the Christmas Day bomber as a common criminal defendant. This was initially the subject of criticism only from the Right. No more:

Earlier this week Mr. Lieberman and Mrs. Collins also wrote that the decision to treat Abdulmutallab as a common criminal “almost certainly prevented the military and the intelligence community from obtaining information that would have been critical to learning more about how our enemy operates and to preventing future attacks.”

There’s much to be done by Congress. As the editors note: “the Members can pass a law that strips the federal courts of jurisdiction over such unlawful enemy combatants as Abdulmutallab and KSM.” It gets a bit dicey, of course, because a federal court already has jurisdiction over Abdulmutallab. A smart lawyer experienced in these cases tells me: “What they have done by indicting him, however, is injected a huge wild card into the process — a federal judge. The judge could very easily get in the way. We’ve shifted people from enemy combatant status to criminal status before, but don’t recall doing it the other way.”

That’s not to say the obstacles can’t be overcome and the effort should not be made. They should. It’s important to have the public debate and see whether we have a broad-based consensus in this country that Obama’s knee-jerk rejection to Bush-era anti-terrorism policies was foolhardy, that a military tribunal is an appropriate forum for handling al-Qaeda-supported or -trained terrorists (without regard to where they are apprehended), and that high-value detainees should be interrogated minus the Miranda warnings by trained intelligence personnel with all the available data to elicit the maximum amount of intelligence information. There is nothing contrary to our “values” or our legal precedents in any of this. It’s the Obami and their Justice Department lefty lawyers who are out of step with both. In the wake of the Massachusetts epic upset, Democratic lawmakers are starting to come to their senses. That’s a very good thing for the country and might spare a few of them Martha Coakely’s fate.

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Senators to Obama: Forget the KSM Trial

Perhaps the Scott Brown victory in Massachusetts has had a liberating effect on Democrats. No longer do they cling to the notion that their political survival depends on adhering to the Obama position on everything from health care to national security. Indeed, now might be just the time to demonstrate some independence and clearheaded thinking. In that vein, a bipartisan group of senators has now called for a reversal of the decision to try KSM in civilian court. Sens. Joe Lieberman, Jim Webb, Blanche Lincoln, Susan Collins, John McCain, and Lindsey Graham have written to Eric Holder. The letter reads in part:

We and many others have already expressed serious concerns about whether a trial in civilian court might compromise classified evidence, including revealing sources and methods used by our intelligence community.  We are also very concerned that, by bringing Khalid Sheikh Mohammed and other terrorists responsible for 9/11 to the federal courthouse in lower Manhattan, only blocks away from where the Twin Towers once stood, you will be providing them one of the most visible platforms in the world to exalt their past acts and to rally others in support of further terrorism.  Such a trial would almost certainly become a recruitment and radicalization tool for those who wish us harm.

The security and other risks inherent in holding the trial in New York City are reflected in Mayor Bloomberg’s recent letter to the administration advising that New York City will be required to spend more than $200 million per year in security measures for the trial.  As Mayor Bloomberg and Police Commissioner Kelly know too well, the threat of terrorist acts in New York City is a daily challenge.  Holding Khalid Sheikh Mohammed’s trial in that city, and trying other enemy combatants in venues such as Washington, DC and northern Virginia, would unnecessarily increase the burden of facing those challenges, including the increased risk of terrorist attacks.

The bottom line, say the senators: “Given the risks and costs, it is far more logical, cost-effective, and strategically wise to try Khalid Sheikh Mohammed in the military commissions that Congress and the President have now established for that very purpose.”

It is noteworthy that the junior senator from New York is not among the signatories. Perhaps her new primary opponent will weigh in.

This is the first serious bipartisan challenge to the ill-conceived decision to extend the benefits of a civilian trial to the 9/11 terrorists. The number of Democrats who now feel compelled to step forward is also noteworthy. And what will their colleagues say if this comes to a vote? Will they rise to the defense of  Holder and Obama, or will they concede this was a misguided experiment?

Perhaps the time has come for Congress to assert itself, declare its intentions regarding the jurisdiction of the federal courts, and put some daylight between the unpopular and dangerous “not-Bush” anti-terror policies of the Obami. If so, this is a critical and welcomed development and the beginning of a sane reversal of Obama policies that have proven unworkable and politically unpalatable beyond the confines of the campaign trail. There is much Congress can do: resolutions, funding, and legislation. It is not too late to correct the errors of the Obami’s first year.

Perhaps the Scott Brown victory in Massachusetts has had a liberating effect on Democrats. No longer do they cling to the notion that their political survival depends on adhering to the Obama position on everything from health care to national security. Indeed, now might be just the time to demonstrate some independence and clearheaded thinking. In that vein, a bipartisan group of senators has now called for a reversal of the decision to try KSM in civilian court. Sens. Joe Lieberman, Jim Webb, Blanche Lincoln, Susan Collins, John McCain, and Lindsey Graham have written to Eric Holder. The letter reads in part:

We and many others have already expressed serious concerns about whether a trial in civilian court might compromise classified evidence, including revealing sources and methods used by our intelligence community.  We are also very concerned that, by bringing Khalid Sheikh Mohammed and other terrorists responsible for 9/11 to the federal courthouse in lower Manhattan, only blocks away from where the Twin Towers once stood, you will be providing them one of the most visible platforms in the world to exalt their past acts and to rally others in support of further terrorism.  Such a trial would almost certainly become a recruitment and radicalization tool for those who wish us harm.

The security and other risks inherent in holding the trial in New York City are reflected in Mayor Bloomberg’s recent letter to the administration advising that New York City will be required to spend more than $200 million per year in security measures for the trial.  As Mayor Bloomberg and Police Commissioner Kelly know too well, the threat of terrorist acts in New York City is a daily challenge.  Holding Khalid Sheikh Mohammed’s trial in that city, and trying other enemy combatants in venues such as Washington, DC and northern Virginia, would unnecessarily increase the burden of facing those challenges, including the increased risk of terrorist attacks.

The bottom line, say the senators: “Given the risks and costs, it is far more logical, cost-effective, and strategically wise to try Khalid Sheikh Mohammed in the military commissions that Congress and the President have now established for that very purpose.”

It is noteworthy that the junior senator from New York is not among the signatories. Perhaps her new primary opponent will weigh in.

This is the first serious bipartisan challenge to the ill-conceived decision to extend the benefits of a civilian trial to the 9/11 terrorists. The number of Democrats who now feel compelled to step forward is also noteworthy. And what will their colleagues say if this comes to a vote? Will they rise to the defense of  Holder and Obama, or will they concede this was a misguided experiment?

Perhaps the time has come for Congress to assert itself, declare its intentions regarding the jurisdiction of the federal courts, and put some daylight between the unpopular and dangerous “not-Bush” anti-terror policies of the Obami. If so, this is a critical and welcomed development and the beginning of a sane reversal of Obama policies that have proven unworkable and politically unpalatable beyond the confines of the campaign trail. There is much Congress can do: resolutions, funding, and legislation. It is not too late to correct the errors of the Obami’s first year.

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A Week Until the State of the Union

When Barack Obama feels political pressure, he doesn’t go for conciliatory language. He becomes slashingly partisan, as he did, surprisingly, in his convention speech and as he did in announcing his push for health care. How he speaks on the hot-button issues that seem to have injured him badly — not only health care, but closing Gitmo, the New York trial of Khalid Sheikh Mohammed, the bizarre responses to Nidal Hasan and the Christmas Day near-mass-murder — will tell us something about his ability to adapt to real-world circumstances. Once again, I have to say, even if you oppose him, you have to hope that Obama hears this wake-up call. He is the president of the United States. He has done a great many foolish things, and has received immediate word that his foolishness is going to have parlous political consequences. This is really the moment that will tell us whether he can do more politically than get himself elected brilliantly.

When Barack Obama feels political pressure, he doesn’t go for conciliatory language. He becomes slashingly partisan, as he did, surprisingly, in his convention speech and as he did in announcing his push for health care. How he speaks on the hot-button issues that seem to have injured him badly — not only health care, but closing Gitmo, the New York trial of Khalid Sheikh Mohammed, the bizarre responses to Nidal Hasan and the Christmas Day near-mass-murder — will tell us something about his ability to adapt to real-world circumstances. Once again, I have to say, even if you oppose him, you have to hope that Obama hears this wake-up call. He is the president of the United States. He has done a great many foolish things, and has received immediate word that his foolishness is going to have parlous political consequences. This is really the moment that will tell us whether he can do more politically than get himself elected brilliantly.

Read Less




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